NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Social Media Giveaway Overview. These terms and conditions (these “Giveaway Rules”) apply to each promotional sweepstakes (referred to herein as a “Giveaway”) sponsored by Cellular Sales Management Group, LLC. 9040 Executive Park Drive, Knoxville, TN 37923 (“Cellular Sales”) which is announced and promoted from time to time through posts (each, a “Giveaway Post”) on various social media platforms such as Facebook, Twitter, Snapchat, and Instagram (each, a “Social Media Platform”) and which link to these Giveaway Rules.
Release of Social Media Platform. The Giveaway 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 Giveaway.
Giveaway Period. The “Giveaway Period” begins on the date of the initial Giveaway Post and ends on the date and time specified in the Giveaway Post.
Eligibility. In order to enter and otherwise participate in the Giveaway, 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 Giveaway is void in all other places and where otherwise prohibited by law. Employees, officers, and directors of Cellular Sales and its affiliates, along with all members of their immediate families and household residents, are not eligible to enter or otherwise participate in the Giveaway. Members of immediate families include parents, spouses, siblings, and children.
Prize and Value. The Giveaway prize or prizes (the “Prize”) and the value thereof is described in the Giveaway 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/gift-card-terms/.
Statement of Odds. The odds of winning the Prize depend on the number of eligible entries received. Entries may be received from multiple Social Media Platforms.
How to Enter; Use of Entries; and Agreement to be Bound by the Giveaway Rules. Entries must be submitted in accordance with the entry directions (prefaced by “How to enter” or similar language) set forth in the Giveaway Post. You may enter only once (multiple entries will be void). 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”) are not valid. Entries and the information contained therein (including without limitation your Social Media Platform username and comments included with your entry) may be used by Cellular Sales for any lawful purpose including advertising and promotional activities. Cellular Sales is not responsible for malfunctions of any Social Media Platform which prevent entry or for lost entry records due to the inaccessibility of any Social Media Platform or due to the deletion of entry records by any Social Media Platform, the entrant, or any other party including Cellular Sales. You may also enter by mail. Entries by mail should be addressed to the Sponsor Address below, ATTN: Giveaways, and include the name of the Giveaway as referenced in the Giveaway Post along with the entrant’s name, street address, and e-mail address. Cellular Sales is not responsible for entries lost or damaged in mail transit or for incomplete or illegible entries, all of which will be void. By entering, you agree to these Giveaway Rules and the decisions of Cellular Sales which are final and binding in all respects.
Winner Selection. The winner will be selected through a random drawing of valid entries received prior to the expiration of the Giveaway Period which will be performed by Cellular Sales using a random number generator or other method following the conclusion of the Giveaway Period (the “Winner Selection”).
Winner Announcement. Following the Winner Selection, Cellular Sales may elect to announce the winner via a post on the Social Media Platforms (the “Winner Announcement”). You agree that, in the event you are selected as the winner, your Social Media Platform username and comments included with your entry may be disclosed and shared within the Winner Announcement.
Winner Notification. In addition to the Winner Announcement, the winner will be notified directly by Cellular Sales via direct message using the Social Media Platform used by the winner to enter the Giveaway (the “Winner Notification”).
Winner Acceptance and Redemption. In order to accept and redeem the 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 is the Account Holder and satisfies the Eligibility requirements set forth in these Giveaway Rules along with an acknowledgment that the winner remains bound by the terms and conditions of these Giveaway Rules (the “Acceptance Agreement”); and (ii) if required by Cellular Sales based on the value of the Prize or other consideration, an accurately completed, signed, and dated IRS Form W-9 (the “W-9”). The Acceptance Agreement and W-9 (if applicable) will be included with the Winner Notification. If the winner cannot be contacted or does not accept the Prize in the manner and within the time period set forth in these Giveaway Rules, he or she will be disqualified, and another winner may or may not be selected. The 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 Giveaway Rules.
Delivery of Prize. Within 30 days following receipt and acceptance by Cellular Sales of the Prize Acceptance Agreement and W-9 (if required), Cellular Sales 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.
Right to Use Name and Likeness. ACCEPTANCE OF THE PRIZE CONSTITUTES PERMISSION TO USE WINNER’S NAME, LIKENESS, AND VOICE FOR ADVERTISING AND PROMOTIONAL PURPOSES BY CELLULAR SALES WITHOUT ADDITIONAL COMPENSATION OR CONSENT, UNLESS PROHIBITED BY LAW.
Release of Cellular Sales. By entering the Giveaway, all entrants agree to release and hold harmless Cellular Sales Management Group, LLC, its parent and affiliated companies, along with the officers, directors, members, employees, and representatives of each (collectively, the “Indemnified Parties”), from all liability (including attorneys’ fees and costs) arising from or related to participation in the Giveaway and the receipt or misuse of the Prize awarded. ACCORIDNGLY, IN NO EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING ATTORNEY’S FEES), ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE GIVEAWAY AND THE RECEIPT OR MISUSE OF THE PRIZES AWARDED INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Non-Cash Prizes. If the Prize is other than cash or a cash equivalent, it is awarded and accepted “AS-IS”. CELLULAR SALES MAKES NO REPRESENTATION AND/OR WARRANTY OF ANY KIND REGARDING ANY PRIZE AND SPECIFICALLY DISCLAIMS 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 Cellular Sales related thereto.
Errors. Cellular Sales is not responsible for technical, pictorial, typographical, or editorial errors in the Social Media Posts, these Giveaway Rules, or other materials relating to the Giveaway. Cellular Sales 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 Giveaway; 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 Giveaway, whether computer, network, typographical, human or otherwise, including without limitation, errors, problems or malfunctions that may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the Prize or any Giveaway-related materials.
Void Entries and Disqualification. Entries made by a person other than the Account Holder, entries which have been modified or tampered with, and Automated Entries are void. If, in Cellular Sales’ 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 Giveaway, Cellular Sales reserves the right at its sole discretion to disqualify any involved entrant, to void any entries submitted fraudulently, to modify or suspend the Giveaway, or to terminate the Giveaway, and, at Cellular Sales’ discretion, to conduct a random drawing to award the Prize using all eligible, non-suspect entries received prior to the expiration of the Giveaway Period.
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 Giveaway is a violation of criminal and civil laws, and should such an attempt be made, Cellular Sales reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Law and Venue. All federal, state and local laws and regulations apply. Entrants agree that any claim against Cellular Sales and/or any other Indemnified Party arising under the Giveaway must be brought in the state or federal court located in Knox County, Tennessee.
Sponsor. The Sponsor of the Giveaway is Cellular Sales Management Group, LLC, 9040 Executive Park Drive, Knoxville, Tennessee 37923 (the “Sponsor Address”).
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