Social Contest & Social Promotion General Rules
NO PURCHASE REQUIRED TO ENTER OR WIN
- ELIGIBILITY: Our social media-based Social Contests or Social Promotions (collectively referred to as “Social Promotions”) are generally open only to legal residents of fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older who have valid accounts on the social media sites or platforms being used for the Social Promotions. We may narrow eligibility for our Social Promotions on a case-by-case basis, and if so, those requirements will be specified in the Promotion Details for each respective contest or Social Promotion. Employees of Best Cellular, or other companies associated with each of the Social Promotions, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Social Promotions are subject to federal, state, and local laws and regulations and are void in Puerto Rico and where prohibited. Social Promotions that are administered or sponsored by Best Cellular on Facebook, Twitter, or other social media platforms or sites are in no way sponsored, endorsed, administered by or associated with these sites or platforms. You understand that you are providing your information only to the Sponsors and/or Administrators (collectively referred to as the “Sponsor”) of each Social Promotion.
- AGREEMENT TO SOCIAL PROMOTION RULES: By participating in any Social Promotion, you fully and unconditionally agree to and accept these General Rules, other applicable Best Cellular and social site or platform policies and terms, the specific Promotion Details for each contest or Social Promotion, and the decisions of the Sponsor or Administrator, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these rules and the accompanying Promotion Details. Failure to comply with these General Rules will void your entry.
- ENTRY REQUIREMENTS: All Entries must be received by the end of the Entry Period and must contain all information specified in the Promotion Details in order to be eligible. Upon submission, all Entries (subject to your rights in the Personal Data (defined below) specified on the entry form) shall become the exclusive property of the Sponsor and will not be acknowledged or returned. The Sponsor reserves the right to, and at its sole discretion may, reject any entry for failure to comply with these Entry Requirements. The Sponsor assumes no responsibility for lost, late, or incomplete entries. Any Entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. Entries may not contain any copyrighted elements other than elements owned by the entrant. Any elements that appear in the Entry, including, without limitation, images, music, audio, speech, or other audiovisual materials used must be entirely original, created and performed by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of an Entry in the Sponsor’s sole discretion.
- ENTRANT’S REPRESENTATIONS: By submitting an Entry, you represent that it (a) was created by you, (b) does not infringe the rights of any third party, (c) has not previously been entered in any other contest, and (d) has not been previously published in any medium.
- SPONSOR’S RIGHTS TO ENTRIES: By submitting an Entry, you grant the Sponsor the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry (with or without using the your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor, or any other person, on the grounds that any use of the Entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, moral rights. You further acknowledge that the Sponsor is in no way obligated to publish or use your Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
- TERMS OF SERVICE: You may be disqualified from any Social Promotion for failing to comply with these General Rules, any applicable Promotion Details or the rules, policies and procedures of any social platform or site, as determined in the sole discretion of Sponsor. Repetitive automated electronic submission of entries is specifically prohibited, and any such entries will be disqualified. Entries will be deemed made by the authorized account holder of the social media account submitted at the time of entry. In the event of a dispute, the potential winner may be required to provide proof that he/she is the authorized account holder of the identified account, and Sponsor’s decision will be final. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries, including any error that may result in an erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any computer equipment or software that results in loss of Entry. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SOCIAL PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.Sponsor is also not responsible for any injury or damage to entrant’s or any other’s computer related to or resulting from playing or downloading any materials in any Social Promotion. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her Entries) who tampers with the entry process.
In the event of a dispute regarding entries received from multiple users having the same social media account, the authorized subscriber of the email account at the time of entry will be deemed to be the contestant and must comply with these and any other rules and requirements. Authorized subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning email addresses. Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her Entries) it finds to be tampering with the Entry process or the operation of any Social Promotion, social media platform or site, intending to annoy, abuse, threaten or harass any other contestant, Sponsor, or any of its representatives or to otherwise be acting in violation of these and any other applicable rules and requirements.
- WINNER SELECTION: The Sponsor will select potential winners in a random drawing (for sweepstakes) or according to the Contest Details (for contests) of all entries received by the end of the Entry Period. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winners within five (5) days of the drawing. If a potential winner cannot be contacted within five (5) days after the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place.
- REQUIREMENTS OF POTENTIAL WINNERS: A potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will be disqualified and an alternate entrant may be selected in his/her place in a manner determined by the Sponsor in its sole discretion. If a potential winner is a minor, his/her parent or legal guardian must sign the Affidavit/Release on the potential winner’s behalf.
- PRIZES: Any prize details not specified in the Promotion Details will be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above. Prizes may be reported as income to a winner and the winner will be responsible for all taxes associated with the receipt of a prize.
- GENERAL CONDITIONS: In the event that the operation, security, or administration of any Social Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, may (a) suspend the Social Promotion to address the impairment and then resume the Social Promotion in a manner that best conforms to the spirit of these Official Rules, (b) award the prizes at random from among the eligible entries received up to the time of the impairment, or (c) award the prizes in a manner determined by the Sponsor in its sole discretion. The Sponsor reserves the right in its sole discretion to cancel, modify, or suspend the Social Promotion for any reason or to disqualify any individual it finds to be tampering with the entry process or the operation of the Social Promotion or to be acting in violation of these and any other applicable rules and requirements or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of any Social Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these and other applicable rules and requirements shall not constitute a waiver of that provision.
- WARRANTIES AND CONSENTS: By completing and submitting an Entry, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these and other applicable rules and requirements, (ii) based on the General Rules, you are eligible to participate in the specific Social Promotion, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these and any other applicable rules and requirements by the Sponsor which are final in all matters relating to the specific Social Promotion; and (d) acknowledge that the relevant Social Promotion is in no way sponsored, endorsed, administered by or associated with Facebook, Twitter, or any social platform or site used for Social Promotion Entry purposes.
- RELEASE AND LIMITATIONS OF LIABILITY: By participating in the relevant Social Promotion, entrants agree to release and hold harmless the social media platform or site, the Sponsor, their parent(s), officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Social Promotion or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an Entry; (b) unauthorized human intervention in the relevant Social Promotion; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Social Promotion or the processing of entries; or (f) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the relevant Social Promotion 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 Social Promotion, 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.
- DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Social Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Kansas. All issues and questions concerning the construction, validity, interpretation and enforceability of these and any other applicable rules or requirements, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Social Promotion, shall be governed by, and construed in accordance with, the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kansas.
- SOCIAL PROMOTION RESULTS: To request a winners list, send a self-addressed, stamped envelope to the address and point of contact name listed in the Contest Details. Requests must be received within four (4) weeks of the end of the Entry Period. VT residents omit postage.