“2019 BRANDSMART USA LABOR DAY SAMSUNG 65” QLED TV GIVEAWAY” Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING THE SWEEPSTAKES. YOU AGREE TO RECEIVE EMAIL MESSAGES FROM BRANDSMART USA. NO FEE FOR ENTRY. NO PROOF OF PURCHASE REQUIRED. THESE ARE THE OFFICIAL RULES FOR THE “2019 BRANDSMART USA LABOR DAY SAMSUNG 65” QLED TV GIVEAWAY” SWEEPSTAKES. THE SWEEPSTAKES IS SUBJECT TO THESE OFFICIAL RULES AND BY ENTERING, EACH ENTRANT IS UNCONDITIONALLY BOUND TO THESE RULES.
Eligibility: The “2019 BRANDSMART USA LABOR DAY SAMSUNG 65” QLED TV GIVEAWAY” Sweepstakes (the “Sweepstakes”) is open to legal residents of the United States who are at least eighteen (18) years of age at the time of entry. Employees of BrandsMart USA, and their parent and affiliate companies, advertising agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. 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 and BrandsMart USA’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Only fully completed submissions are eligible.
Sponsor: BrandsMart USA, 3200 SW 42nd Street, Fort Lauderdale, FL 33312, USA.
Timing: The Sweepstakes begins on Monday, August 19th, at 10:00AM Eastern Time (“ET”) and ends on Sunday, September 1st, at 8:00PM ET (the “Promotion Period”). All in-store barcode-scanned Entries must be received no later than 8:00PM Eastern Standard Time at the end of the Promotion Period. BrandsMart USA’s computer is the official time-keeping device for the Sweepstakes. Automated Entries or Programs not permitted.
Entering the Sweepstakes: During the Promotion Period, Entrants are to bring the BrandsMart USA Labor Day Direct Mail flyer to the Customer Service counter in any BrandsMart USA retail location. Participant’s flyer contains a unique barcode that will be scanned by a Customer Service representative to determine whether Entrant is a current customer. If so, the Entrant’s name will be tagged in the BrandsMart USA system and automatically entered. If not, the following information must be collected from Entrant in order to qualify: Full Name, Home Address, Telephone Number and Email Address. Alternate Form of Entry: Entrant may mail a 3”x5” index card including Full Name, Home Address, Telephone Number and Email address. Mailing Address: BRANDSMART USA LABOR DAY GIVEAWAY c/o Marketing Department 3200 SW 42nd Street, Fort Lauderdale, FL 33312. All Mail-in Entries must be postmarked on or before Tuesday, September 3rd, 2019. Mail-in entries must be received by Thursday, September 12th, 2019. The winner may not have won a BrandsMart USA contest within the last 60 days. By submitting an Entry you represent and warrant that you are the creator of the Entry. Entries may not contain any copyrighted information or inappropriate content, including but not limited to material that is irrelevant to the purpose of the promotion. Entry will be disqualified if it is found to contain violence or if it promotes firearms/weapons, alcohol, illegal drugs or tobacco (or use of any of the foregoing); if it promotes any actions that may appear unsafe or dangerous; promotes any particular political agenda or message; defames, misrepresents or contains disparaging images or remarks about people or companies; endorses any form of hate or a hate group, or is derogatory to any ethnic, racial, gender, religious, professional or age group; promotes vulgarity, obscenity, lewd, pornographic material; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission. Your Entry will be disqualified if contains any personal identification, such as license plate numbers, e-mail addresses or street addresses; contains copyrighted materials owned by others (including BrandsMart USA and/or Lipof & McGee Advertising graphs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without authorization of use; contains materials representing the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities, public or private figures, living or dead, without authorization of use; contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with positive images and/or goodwill. Any Entry that contains logos or references to the BrandsMart USA’s competitors and/or violates any law will be disqualified. BrandsMart USA holds the right to delete any submissions deemed inappropriate due to language, photo caption or picture content.
Limit: One entry per household. Odds of winning depend on the number of eligible entries.
How to Enter: During the Promotion Period, Entrants are to bring the BrandsMart USA Labor Day Direct Mail flyer to the Customer Service counter in any BrandsMart USA retail location. Participant’s flyer will be scanned by a Customer Service representative to determine whether Entrant is a current customer. If Entrant is not a current BrandsMart USA customer, Full Name, Home Address, Telephone Number and Email Address must be collected from Entrant in order to qualify:.
Drawings: Sweepstakes winner selection will be made on or before Friday, September 13th, 2019. One random winner will be selected from all eligible Entries. Winner will be announced as soon as commercially reasonable after the drawing. BrandsMart USA’s decisions are final. BrandsMart USA will notify the Winner via Email or USPS Certified Mail. If a potential winner cannot be contacted, the email address is invalid or fails to respond within 7 days of the initial contact attempt, the Potential Winner forfeits Prize. The potential Winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified or Winner declines Prize for any reason, BrandsMart USA will award Prize to an alternate winner by random drawing from among all remaining eligible entries. Alternate drawings will continue until Prize is awarded. If a dispute arises over the entitlement of a Prize, the Winner is determined by BrandsMart USA. The prize will be awarded within ten days after the Winner has properly complied with all contest rules. The prize is non-transferable and no substitution will be made.
Prize: The winner will receive a Samsung 65” 8K QLED Smart TV (model #QN65Q900RBFXZ) at $4,999 MSRP. The winner is responsible for paying all taxes on prize and expenses including, without limitation, Federal, State and Local Sales taxes, Luxury taxes and any other costs incurred in claiming or using the prize. No prize may be substituted for any other prize. Cash will not be awarded in lieu of prize won. Standard delivery and set up at Winner’s residence included so long as Winner resides within a BrandsMart USA delivery zone.
Publicity: By accepting the Sweepstakes prize, you are granting BrandsMart USA the right to use your portrait, entry, name, city, state, and likeness for promotional purposes without compensation or notice to the extent permitted by law.
Release: By receipt of prize, winner agrees to release and hold harmless BrandsMart USA, Administrator, 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. BrandsMart USA is not responsible for (1) typographical errors, misdirected or incomplete entries; or (2) computer or telecommunication system failures or similar disruptions to email services and/or the Internet. Upon acceptance of any prize, winners agree to the use of their name, likeness, and biographical information for purposes of advertising, or promotion without further notice or compensation except where prohibited by law. By participating in the Sweepstakes, or by accepting a prize, all entrants agree to release and hold BrandsMart USA and its, affiliates, service providers, suppliers, distributors, and each of its respective officers, directors, employees and vendors harmless from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever; including without limitation to property damage, personal injury which may occur in connection with, possession, acceptance, and/or use or misuse of any prize or participation in any sweepstakes-related activity and claims based on publicity rights, copyright infringement, trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery.
General Conditions: BrandsMart USA reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if fraud, technical failures or any other factor beyond BrandsMart USA’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by BrandsMart USA in its sole discretion. BrandsMart USA 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 these Official Rules 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, BrandsMart USA reserves the right to seek damages from any such person to the fullest extent permitted by law. BrandsMart USA’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. BrandsMart USA reserves the right, at its sole discretion, to substitute a prize with one of comparable value. Prize is awarded “as is,” without warranty or guarantee, either express or implied by BrandsMart USA. BrandsMart USA will not accept returns of prize merchandise. If prize value exceeds $600, winner is required to complete a Prize Receipt Release form and IRS Form W-9 as a condition of receiving prize, along with a valid driver’s license, passport, or other official US or state photo identification with proof of age, as well as Social Security card or Permanent Resident Alien card. BrandsMart USA will provide the winner with an IRS Form 1099 for the tax year during which the prize was won. Prize value is based on MSRP. The fair market value of each prize may vary. Any difference between the MSRP and fair market value of a prize will not be awarded. Winner will receive an IRS Form 1099 based on the MSRP.
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, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, BrandsMart USA, 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 or all of the prizes offered herein. No more than the stated prize 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, BrandsMart USA reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD-PARTY WEBSITES, ARE PROVIDED BY BRANDSMARTUSA.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRANDSMARTUSA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the 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 Southern District of Florida or the appropriate Eleventh Judicial Circuit of Florida located in Miami Dade County, Florida; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the 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 BrandsMart USA in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. BrandsMart USA and its vendors shall be excused from obligation if performance is delayed or prevented due to causes beyond their control including, but not limited to, acts of God, public enemies, war, civil disorder, fire, flood, explosion, labor disputes or strikes, and acts by any governmental authority.
Winner’s List: The Winner’s name, city, and photo will be posted on the BrandsMart USA Website, BrandsMart USA Facebook page, BrandsMart USA Blog and all other forms of Social Media after winner confirmation is complete.
No prize may be substituted for any other prize. Cash will not be awarded in lieu of prize won. PRIZES ARE NON-TRANSFERABLE. PRIZES CANNOT BE RETURNED.
WINNERS ARE RESPONSIBLE FOR ANY AND ALL TAXES (including but not limited to Federal income tax and state sales tax), optional delivery charges AND INSTALLATION.
RESTRICTIONS / REGULATIONS:
- No entry fee, payment, or proof of purchase is required to enter this Sweepstakes.
- Written Entries must be filled out entirely to qualify.
- Written Entries must be legible in order to qualify.
- One winner per household. The first household name to be randomly selected will be declared the winner.
- BrandsMart USA is not responsible for lost, late, illegible or misdirected entries.
- The Sweepstakes is open to all citizens or permanent resident aliens of the United States of America 18 years of age or older residing in Florida or Georgia at the time of the drawing.
- All Written Entries must be hand-written. No mechanically reproduced, typewritten, stamped or stickered entries are eligible.
- Employees of BrandsMart USA, BrandsMart USA’s vendors their respective sponsors, assignees, agencies, advertisers, franchisees, immediate family members or members of the same household are not eligible to win”
- The name of the Winner may be obtained after the contest has ended and winner has been determined on BrandsMart USA’s Facebook page, Blog or Website Contest Landing Page.
- Winner must sign an Affidavit and Liability Release (Price Receipt Release) and W-9 Form as a condition of receiving Prize. Winner must also provide a copy of a valid driver’s license, United States Passport, or other official U.S. or state photo identification with proof of age, and a copy of the Winner’s Social Security card or Permanent Resident Alien card as a condition of receiving a prize. Failure to do so will result in forfeiture of the prize.
- No prize may be substituted for any other prize. Cash will not be awarded in lieu of prize won.
- Prizes are non-transferable.
- The winner is responsible for properly claiming the prize.
- All federal, state and local taxes related to the prizes are the sole responsibility of the winners. Each winner is responsible for any taxes and other expenses not specified herein.
- BrandsMart USA will not accept returns of prize merchandise.
- Prize left unclaimed by Winner will be deemed abandoned and Winner forfeits prize. Alternate winner will be awarded prizes in order of drawing selection.
- The Winner acknowledges and agrees that, as a condition of winning, BrandsMart USA and all other participating advertisers shall have the right to publicize and/or broadcast his or her name, likeness, voice and the fact that he or she won the BrandsMart USA “2019 BRANDSMART USA LABOR DAY SAMSUNG 65” QLED TV GIVEAWAY” Sweepstakes and all matters incidental thereto.
- BrandsMart USA and its vendors shall be excused from obligation if performance is delayed or prevented due to causes beyond its control, including, but not limited to, acts of God, public enemies, war, civil disorder, fire, flood, explosion, labor disputes or strikes, and any acts by any governmental authority.
- BrandsMart USA, its vendors, and their advertising agencies and their employees do not accept any liability for and will not be held harmless against loss, damages, inconveniences, delay, injury, accident expenses or negligence due to inaccuracy arising out of provisions or services of failure to provide services.
- BrandsMart USA and its vendors, and their advertising agencies and their employees, are not responsible for any injury incurred by the winner after prize acceptance.
- A copy of “2019 BRANDSMART USA LABOR DAY SAMSUNG 65” QLED TV GIVEAWAY” Sweepstakes Rules is available on the BrandsMart Blog or by logging on to www.brandsmartusa.com/contests.
- In case of a dispute, the decision of BrandsMart USA management is final.
- Odds of winning are dependent on the numbers of entries.