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CELLULAR SALES OFFICIAL SWEEPSTAKES RULES
Cellular Sales Management Group, LLC (“Sponsor”) may, from time to time, sponsor various giveaways or sweepstakes (each, a “Sweepstakes”) that may be announced or promoted via Social Media posts, print, and other media (each, a “Sweepstakes Post”). If the Sweepstakes Post includes a link, QR Code, or other reference to these Cellular Sales Official Sweepstakes Rules (these “Official Rules”), these Official Rules apply.
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sweepstakes Period. The “Sweepstakes Period” is set forth in the Sweepstakes Post and is the time period during which Entries must be submitted and received. The Sweepstakes Period will begin at 12:00 a.m. Eastern Time on the first day of the Sweepstakes Period and will end at 11:59:59 p.m. Eastern Time on the last day of the Sweepstakes Period.
2. Eligibility. In order to enter and otherwise participate in the Sweepstakes, you must be 18 years of age and older and be a legal resident of one of the 50 United States, the District of Columbia, or Puerto Rico. The Sweepstakes is void in all other places and where otherwise prohibited by law. Employees, officers, and directors of Sponsor and its affiliates, along with all members of their immediate families (parents, spouses, siblings, and children) and household residents, are not eligible to enter or otherwise participate in the Sweepstakes. Entries received in violation of this provision are not eligible and will be void.
3. Prize and Approximate Retail Value. The Sweepstakes prize or prizes (each, a “Prize”) and the approximate retail value of each is described in the Sweepstakes Post. Each Prize is non-transferable, non-returnable, and no cash equivalent or other substitutions or exchanges are permitted. If the Prize is a Cellular Sales Gift Card, the Cellular Sales Gift Card Terms apply to the Prize which can be accessed here: www.cellularsales.com/legal/gift-card-terms/.
4. Statement of Odds. The odds of winning each Prize depends on the number of valid Entries received. In the case of a Sweepstakes which includes multiple Prizes, unless separate Entries are required for each Prize, each Prize will be selected from all of the valid Entries submitted.
5. How to Enter; Use of Entries; and Agreement to be Bound by the Official Rules. No purchase necessary. To be valid, “Entries” must be submitted, by each “Entrant” in accordance with the entry directions (prefaced by “How to enter” or similar language) set forth in the Sweepstakes Post and otherwise comply with these Official Rules. Unless otherwise described and permitted in the Sweepstakes Post, you may enter only once and multiple Entries from the same Entrant will be void. If submitting via Social Media, Entries must be submitted by the account holder of the Social Media account (the “Account Holder”) and must be submitted by human intervention. Entries submitted by bots or other automated devices, programs, or applications (“Automated Entries”) will be void. Entries and the information contained therein (including without limitation, if applicable, your Social Media Platform username and comments included with your entry) may be used by Sponsor for any lawful purpose including advertising and promotional activities. Sponsor is not responsible for malfunctions of any Social Media Platform which prevent entry or for lost Entries due to the inaccessibility of any Social Media Platform or due to the deletion of Entries by any Social Media Platform, the Entrant, or any other party including Sponsor. You may also enter by mail. Entries by mail should be sent mailed to Sponsor, addressed to the Sponsor Address below, ATTN: Sweepstakes, and include the name of the Sweepstakes as set forth in the Sweepstakes Post along with the Entrant’s name, street address, and e-mail address. Sponsor is not responsible for Entries lost or damaged in mail transit or for incomplete Entries, all of which will be void. By entering, you agree to these Official Rules and the decisions of Sponsor which are final and binding in all respects.
6. Collateral Material with Entry. If you submit any collateral material with your Entry such as, by way of example and not limitation, pictures, videos, testimonials, or other information (“Collateral Material”), you represent and warrant that (i) the Collateral Material is your original work; (ii) the Collateral Material does not infringe upon, or otherwise violate, any rights of any other person or entity including without limitation: (a) copyrights, trademarks, or other intellectual property rights, (b) rights relating to privacy, or (c) rights relating to publicity (collectively, “Third Party Rights”); (iii) you have obtained written permission from each person whose name, likeness, voice, or intellectual property is used in the Collateral Material to submit the Collateral Material with your Entry and to grant the rights to Sponsor set forth herein; and (iv) the publication of the Collateral Materials by Sponsor or its designees will not infringe upon, or otherwise violate, any Third Party Rights (the “Collateral Material Representations”). If your Entry includes any Collateral Material, Sponsor may require you to confirm the Collateral Material Representations in writing before accepting your Entry. Entries which include any Collateral Material deemed by Sponsor, in its sole discretion, to be distasteful, offensive, defamatory, or otherwise unacceptable for any reason will be invalid. By submitting any Collateral Material, you grant permission and a perpetual, non-exclusive, royalty-free, no-cost, worldwide, irrevocable right and license to Sponsor and its designees to publish, post, adapt, edit, display, exploit and/or modify or otherwise use the Collateral Material and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to you or any third party.
7. Winner Selection. The winner of each Prize (each, a “Winner”) will be selected through a random drawing of all valid Entries entered for the Prize received prior to the expiration of the Sweepstakes Period which will be performed by Sponsor using a random number generator or other method following the conclusion of the Sweepstakes Period (the “Winner Selection”). If the Sweepstakes includes multiple Prizes, unless otherwise provided in the Sweepstakes Post, each Entrant will be limited to one Prize.
8. Winner Announcement. Following the Winner Selection, Sponsor may elect to announce the Winner via a post on Social Media Platforms and other media (the “Winner Announcement”). You agree that, in the event you are selected as the Winner, your Social Media Platform username, comments, and Collateral Material included with your Entry may be disclosed and shared within the Winner Announcement.
9. Winner Notification. In addition to the Winner Announcement, the Winner will be notified directly by Sponsor either via email, or if applicable, via direct message using the Social Media Platform used by the winner to enter the Sweepstakes (the “Winner Notification”).
10. Winner Acceptance and Redemption.In order to accept and redeem a Prize, the Winner, within ten (10) business days following the date the Winner Notification is sent, must return (i) a fully executed (signed and dated) “Prize Acceptance Agreement” which will include, in addition to disclosure of the Winner’s name and street address (P.O. Boxes not accepted) for purposes of Prize delivery, a representation and warranty that the Winner satisfies the Eligibility requirements set forth in these Official Rules, and if applicable, is the Account Holder of the Social Media Account used to enter, along with an acknowledgment that the Winner remains bound by the terms and conditions of these Official Rules; (ii) if required by Sponsor, additional documentation to be signed by the Winner confirming (a) the Winner’s ownership of the Collateral Material, (b) the Winner’s authority to transfer rights to the Collateral Material to Sponsor as provided herein, and (c) the transfer of rights to the Collateral Material to Sponsor as provided herein (the “Collateral Material Confirmation”); and (iii) if required by Sponsor based on the value of the Prize or other consideration, an accurately completed, signed, and dated IRS Form W-9 (the “W-9”). The Prize Acceptance Agreement, the Collateral Material Confirmation (if applicable), and the W-9 (if applicable) will be included with the Winner Notification. If a Winner cannot be contacted or does not accept the Prize in the manner and within the time period set forth in these Official Rules, he or she will be disqualified, and another Winner may or may not be selected. Each Winner acknowledges that he or she will be responsible for all federal, state, and local taxes (if any) which may be imposed as a result of receiving the Prize. No Prize will be awarded to any Winner who fails comply with these Official Rules.
11. Delivery of Prize. Within 30 days following receipt and acceptance by Sponsor of the Prize Acceptance Agreement, the Collateral Material Confirmation (if required), and the W-9 (if required), Sponsor will dispatch the Prize via overnight mail or other delivery method to the Winner at the Winner’s address set forth in the Prize Acceptance Agreement, or, if the Prize is such that it is capable of delivery via email, then to the Winner’s email address.
12. Right to Use Name and Likeness. By entering, each Entrant, except where legally prohibited, grants the irrevocable permission for Sponsor and its designees to use his/her NAME, ADDRESS, PHOTOGRAPH, IMAGE, VOICE AND/OR OTHER LIKENESS AND PRIZE INFORMATION for advertising, trade, and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, in perpetuity, without notice or review or approval.
13. Release of Sweepstakes Related Claims. By entering the Sweepstakes, each Entrant agrees to release and hold harmless, such that Entrant is waiving its right to sue, Sponsor, its parent and affiliated companies, along with the officers, directors, members, employees, and representatives of each (collectively, the “Released Parties”), from any and all liabilities of any kind or nature whatsoever including, without limitation, attorney’s fees and costs, and liabilities arising from injuries, damages or losses to any person (including death) or to property of any kind, arising from or in any way related to his or her (i) participation in the Sweepstakes, (ii) participation in any activity related to the Sweepstakes, such as a promotional event, or related to any Prize in cases where the Prize involves an event, activity, or travel, and (iii) receipt, acceptance, possession, misuse, or use of a Prize (each, a “Sweepstakes Related Claim”). ACCORIDNGLY, IN NO EVENT WILL ANY RELEASED PARTY BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING ATTORNEY’S FEES), ARISING FROM OR RELATED TO A SWEEPSTAKES RELATED CLAIM INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
14. Indemnification of Sponsor. By entering the Sweepstakes, each Entrant agrees to fully indemnify and defend (with counsel satisfactory to the Released Party) each Released Party against any and all demands, liabilities, claims, causes of action, damages, fines, penalties, losses, costs, expenses, and attorney’s fees, all of any kind or nature whatsoever, brought by any third party arising from or in any way related to (i) any violation by Entrant of these Official Rules including without limitation a breach of any Collateral Material Representation; and (ii) any Prize awarded to Entrant.
15. Non-Cash Prizes. If any Prize is other than cash or a cash equivalent, it is awarded and accepted “AS-IS”. SPONSOR MAKES NO REPRESENTATION AND/OR WARRANTY OF ANY KIND REGARDING ANY PRIZE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In the event any such Prize malfunctions, is damaged, or is otherwise inoperable, the Winner shall look solely to the manufacturer for a remedy and waives any and all claims against Sponsor related thereto.
16. Errors. Sponsor is not responsible for technical, pictorial, typographical, or editorial errors in the Sweepstakes Posts, these Official Rules, or other materials relating to the Sweepstakes. Sponsor is not responsible for any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any Social Media Platform, telephone network, computer online systems, computer equipment, server providers, or software (collectively, “Information Technology”), including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes; inability to access any Information Technology including any Social Media Platform; theft, tampering, destruction, unauthorized access to, or alteration of Entries; transactions that are processed late or incorrectly or are incomplete or lost due to Information Technology malfunction or are misdirected, inaccurate, undelivered, delayed, stolen, mutilated, incomplete, illegible or any combination thereof; or for any other errors, problems or malfunctions of any kind relating to or in connection with this Sweepstakes, whether computer, network, typographical, human or otherwise, including without limitation, errors, problems or malfunctions that may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the Prize or any Sweepstakes-related materials.
17. Void Entries and Disqualification. Entries made by a person other than the Account Holder if submitted via any Social Media Platform, Entries which have been modified or tampered with, and Automated Entries are void. If, in Sponsor’s opinion, there is any suspected or actual evidence that one or more Entries is void, or if any computer virus, bug, unauthorized intervention, fraud, technical difficulty, or other failure compromises, corrupts, or affects the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion to disqualify any involved Entrant, to void any Entries reasonably believed to have been submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes, and, at Sponsor’s discretion, to conduct a random drawing to award any Prize using all valid, non-suspect Entries received prior to the expiration of the Sweepstakes Period.
18. Deliberate Interference. Any attempt by an Entrant or any other individual to deliberately damage any website or to undermine or interfere with the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
19. Winners List.For a list of Winners, mail a request specifying the applicable Sweepstakes and a self-addressed stamped envelope, all of which must received not later than ninety (90) days after the end of the Sweepstakes Period to: Cellular Sales of Northern Florida, LLC; 9040 Executive Park Drive, Knoxville, TN 37923 ATTN: Legal/Sweepstakes Department.
20. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.” Each Entrant agrees that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Sweepstakes Rules, the Sweepstakes, your participation or attempted participation in the Sweepstakes, any Prize, acceptance, possession, use or misuse of the Prize (including any alleged breach thereof), any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if the amount sought is within the jurisdiction of the small claims court. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Sweepstakes, you and Sponsor are EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant satisfaction by emailing Sponsor at legal@cellularsales.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first e-mail a formal written Notice of Dispute (“Notice”) to the other party. The Notice to any participant must be sent to the e-mail address in the Entry, and the Notice to Sponsor must be sent to legal@cellularsales.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
- Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration in which case the AAA Rules will apply. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Venue and Governing Law. Unless Sponsor and you agree otherwise, any arbitration hearings will take place in Knoxville, Tennessee and will be governed by the laws of the State of Tennessee without regard to its conflicts of law rules.
- Scope of Arbitration. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. 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.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. AAll aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement, other than subsection b. above, is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or arbitrator decides that any of the provisions of subsection b. above is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Rules will continue to apply.
21. Use of Data. Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.cellularsales.com/legal/privacy-policy/. By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
22. Release of Social Media Platform. If the Sweepstakes is promoted via any Social Medial Platform, be advised that the Sweepstakes is in no way sponsored, endorsed, administered by, or associated with any Social Media Platform, and by entering, you agree to fully release and hold harmless each Social Media Platform from all claims of any nature whatsoever arising from or related to this Sweepstakes.
23. Sponsor. The Sponsor of the Sweepstakes is Cellular Sales Management Group, LLC, 9040 Executive Park Drive, Knoxville, Tennessee 37923 (the “Sponsor Address”).
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