Social Media Giveaway Official Rules
NO CONSIDERATION OR PURCHASE NECESSARY TO ENTER OR WIN. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW OR OTHERWISE RESTRICTED. BY ENTERING THIS PROMOTION AND/OR ACCEPTING A PRIZE, YOU (AND YOUR PARENT OR GUARDIAN, AS APPLICABLE) AGREE TO THESE OFFICIAL RULES.
YOU HAVE NOT YET WON.
Open only to legal United States residents 18 years of age or older.
Void where prohibited by law.
1. Promotion Period. This Social Media Giveaway (the “Promotion”) begins on September 22, 2020 and runs through September 29, 2020 (the “Promotion Period”). All online entries must be received during the Promotion Period.
2. Sponsor. The sponsor of the Promotion is Brookdale Senior Living Inc. (the “Sponsor”).
3. Eligibility. No purchase is necessary to enter the Promotion or to win any prize. To enter this Promotion you (each, an “Entrant”) must be: (a) a legal resident of the United States; (b) aged 18 years of age or older at the time of entry with a valid Social Security Number and must be at least the age of majority in their state of residence; and (c) have agreed to these Official Rules. Employees of the Sponsor and its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (“Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Promotion. Sponsor reserves the right to verify eligibility qualifications of each potential winner. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Winning any prize is contingent upon fulfilling all requirements set forth in these Official Rules.
4. Agreement to Rules. By participating in the Promotion, you fully and unconditionally accept and agree to comply with and abide by these Official Rules, including all eligibility requirements and the decisions of the Sponsor, which shall be final and binding in all respects.
Prize: Subject to the provisions of these Official Rules, Sponsor will select one winner set forth in the post announcing this Promotion and will award one Amazon Kindle set forth in the post announcing the Promotion. Retail value of the prize is $89.
Any depiction of the prize, in Promotion materials or otherwise, is for illustrative purposes only. The value of the prize represents the Sponsor’s good-faith determination, is final and binding, and cannot be appealed. Each prize must be claimed by within ten (10) days from the date the potential winner for such prize has been notified. SPONSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO A WINNER OR POTENTIAL WINNER WHO IS UNABLE OR UNAVAILABLE TO ACCEPT OR UTILIZE A PRIZE AS DESCRIBED HEREIN.
6. Prize Restrictions and Conditions. Any and all prize-related expenses, including without limitation any and all federal, state, and local taxes, shall be the sole responsibility of the winner of the prize. Winner is solely responsible for any and all unspecified expenses in conjunction with enjoyment and use of a prize. Each prize must be accepted as awarded. Each prize will be awarded in the name of the winner and no prize transfer, substitution, or cash equivalent is permitted except in the sole discretion and with the prior written consent of the Sponsor; however, Sponsor reserves the right to substitute a prize of comparable or greater value due to unavailability. Except where prohibited by applicable law, each potential winner may be required to sign an Affidavit of Eligibility and Release of Liability/Publicity (an “Affidavit”) as a part of determining that potential winner’s eligibility to win his or her prize prior to, and as a condition of, that potential winner’s acceptance and use of his or her prize. If a potential winner’s Affidavit and all other documents required by Sponsor, in its sole discretion, are not completed as specified, are not received by Sponsor within fourteen (14) days of notification, or the potential winner is found to be an ineligible entrant, that potential winner’s entry will be disqualified and an alternate potential winner will be selected at random.
7. Odds. The odds of winning will vary depending on the number of eligible entries received during the Promotion Period.
8. How To Enter. You may enter the Promotion by following the instructions posted on the Sponsor’s [Facebook® Fan Page, Instagram® Account, Twitter® Account], or other social media account, which includes liking and commenting on a specified post. Limit one (1) entry per person. All entries become property of the Sponsor and will not be acknowledged or returned. You may not enter more times than indicated by using multiple email addresses, identities, accounts, or devices in an attempt to circumvent these Official Rules or the operation of the Promotion. If you use fraudulent methods or otherwise attempt to circumvent these Official Rules, your submission may be removed from eligibility at the sole discretion of the Sponsor without notice to you. Automated or robotic entries submitted by individuals or organizations will be automatically disqualified. Any attempted form of entry into the Promotion other than as described in these Official Rules, and any incomplete entry, is void. Entries that are in violation of these Official Rules will be disqualified. Should Sponsor suspect or determine actual or attempted (i) fraud, tampering, or impairment or disruption of the administration, security, or fairness of the Promotion, (ii) supply of inaccurate information on any documents submitted in connection with this Promotion, or (iii) violation of these Official Rules, Sponsor reserves the right, in its sole discretion, to void any and all entries of an Entrant, or suspend or prohibit the participation of any person who Sponsor determines, in its sole discretion, is responsible or otherwise involved with such acts. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND ALL OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
For more information please contact the Sponsor through the applicable social media account or through the contact method identified in the post announcing this Promotion.
A Sponsor computer is the official timekeeping device for all entries. No changes to any entry information will be permitted after the end of the Promotion Period. In the vent of a dispute over the identity of an Entrant, the entry will be deemed submitted by the registered holder of the social media account associated with an entry. Entries received by Sponsor after the end of the Promotion Period will be discarded and deemed VOID. Proof of entering the Promotion online will not be deemed to be proof of actual receipt by Sponsor. Sponsor shall not be responsible for technical failures in entry transmission. Entries will not be received or held in confidence. Submitting an entry does not create a confidential relationship or obligation of secrecy between Entrant and Sponsor or any of the entities involved in this Promotion.
9. Conditions of Entry. By entering into this Promotion and submission of an entry, you grant to Sponsor, any third party acting on behalf of Sponsor, and their respective successors and assigns a perpetual, irrevocable, non-exclusive, sublicensable, assignable, royalty-free, worldwide license to use, reproduce, display, distribute, publish, modify, and create derivative works from your entry in any media now known or hereafter developed for any purposes, including without limitation marketing and promotional purposes, without additional compensation. You hereby waive any opportunity or right to inspect or approve your entry or the final product in which it may be used or incorporated. You hereby release Sponsor from all claims now or hereafter existing that may arise from any use, non-use, or editing of your entry.
All content contained in your entry must, in the sole discretion of Sponsor, be suitable for a general and/or family audience and must not contain any nudity or any obscene, indecent, sexually explicit, disparaging, libelous, hateful, violent, racist, or other inappropriate content, including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group, nor include threats to any person, place, business, or group, nor violate the privacy or other proprietary rights of any person, firm, or entity, including, without limitation, any third-party trademarks or copyrights. Your complete and overall entry must be original and must have been created by you for personal purposes or for the purpose of your entering the Promotion. Sponsor reserves the right to reject any entry that it deems, in its sole discretion, to violate these Official Rules, including without limitation, this paragraph. Sponsor may determine, in its sole discretion, whether or not any such content complies with this paragraph and to disqualify any entries it determines to be inappropriate for any of the reasons listed above, or for any other reason. Entrants acknowledge and agree that entries may be formatted, edited, or otherwise converted in order to be used by the Sponsor for any reason, including without limitation, for creative and/or technical reasons, and for potential promotional use. In the event that your entry is chosen as a potential winner, you may be required to assign and transfer all entry elements, as and if applicable, regardless of original format, size, or resolution and, if applicable, the highest resolution version of your entry, to Sponsor within seventy-two (72) hours of first-attempted notification.
10. Consent to Publicity and Use. Except where prohibited by law, each Entrant, by acceptance of any prize, grants the absolute and worldwide right, license, and permission and consent to Sponsor and its affiliates, partners, subsidiaries, parent organizations, trade partners, vendors, assigns, and divisions to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Promotion, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. Additionally, acceptance of any prize constitutes permission of Sponsor to use your name, likeness, and entry for purpose of advertising and trade without further compensation, unless prohibited by law.
11. Winner Selection and Notification of Drawing Promotions The potential winner of a Promotion will be selected in a random drawing from among all eligible entries received throughout the Promotion Period. The random drawing will be conducted within five (5) days of the end of the Promotion Period. Sponsor or its designated representative, whose decisions are final, will draw for the winner. The potential winner will be notified via private message in the social media platform through which the potential winner entered the Promotion within five (5) days of selection. Sponsor shall have no liability for the potential winner’s failure to receive notices due to internet services, cellular services, spam, junk e-mail or other digital security settings, or for the potential winner’s provision of incorrect or otherwise non-functioning contact information. If the potential winner cannot be contacted, is ineligible, fails to claim the prize within five (5) days from the time notification was sent, or fails to timely return a completed and executed declaration and release as required, if any, the prize may be forfeited and an alternate winner selected. Receipt by the potential winner of the Prize(s) offered in the Promotion is conditioned upon compliance with any and all federal, state, and local laws and regulations. Winner(s) may be required to provide a valid state issued picture ID to claim prize. Prize(s) will be mailed or delivered to Winner(s) using standard carrier, and Sponsor is not responsible for any loss or damage to the prize occurring once Sponsor has delivered the Prize(s) to the carrier. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE PROMOTION, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Winners List. To request the name of the winner or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to:
111 Westwood Place
Brentwood TN 37027
ATTN: Social Media
12. Please specify whether you are requesting the name of the winners or a copy of the Official Rules. Vermont residents may omit return postage. Requests for a copy of these Official Rules or the name of the winner received more than ninety (90) days after the end of the Promotion Period will not be honored.
13. General Provisions. This Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, Twitter, or any other social network or platform. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of Sponsor’s ability to enforce its rights. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision of these Official Rules. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Official Rules. If, for any reason, this Promotion is not capable of running as planned, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure, insufficient qualified entries or winners, or any other causes beyond the control of Sponsor or unforeseen circumstances which corrupt or affect the administration, security, fairness, integrity or proper operation of this Promotion, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion.
14. Indemnification and Release. Each Entrant agrees to defend, indemnify, and hold Sponsor, Facebook, Instagram, Twitter, any other social media platform provider, and their respective affiliates, sponsors, partners, subsidiaries, parent organizations, trade partners, vendors, and/or divisions, and their respective representatives, attorneys, assigns, agents, licensees, officers, directors, managers, co-branders, associated marketing firms, advertisers, and partners and any of their employees (each, a “Released and Indemnified Party,” and collectively, the “Released and Indemnified Parties”), harmless from and against any and all rights, demands, losses, injuries, liabilities, damages, claims, causes of action, actions and suits of any kind whatsoever (whether at law or in equity), fees, costs and attorneys’ fees (including appellate level) whatsoever (each, a “Claim,” collectively, “Claims”), brought or asserted by any party against any of the Released and Indemnified Parties arising out of or in connection, directly or indirectly, with the Entrant’s entry in the Promotion, participation in the Promotion, the operation and/or administration of the Promotion, any prize, and/or use or misuse of any prize. BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO RELEASE, DISCHARGE, AND HOLD HARMLESS EACH RELEASED AND INDEMNIFIED PARTY FROM AND AGAINST ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH, INDIRECTLY OR DIRECTLY: (A) ENTRY OR PARTICIPATION IN THE PROMOTION AND/OR (B) ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE.
15. Limitation of Liability. Sponsor assumes no responsibility or liability for, and you agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (a) such entrant’s participation in the Promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of the Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (f) suspended or discontinued Internet, wireless or landline phone service; (g) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion; (h) unauthorized human intervention in any part of the entry process or the Promotion; or (i) electronic or human error in the administration of the Promotion or the processing of entries. Additionally, this section and its terms apply to the release of Facebook, Instagram, or any other social network.
Entrants acknowledge that Sponsor has not made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to this Promotion or any prize. WITHOUT LIMITING ANYTHING IN THESE OFFICIAL RULES, IN NO EVENT WILL SPONSOR AND ITS AFFILIATED COMPANIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY ADVERTISING, FULFILLMENT, MARKETING AGENCIES, PUBLIC RELATION FIRMS, CONSULTANTS AND CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ATTORNEYS FEES, ARISING OUT OF THIS PROMOTION OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN CONNECTION WITH THIS PROMOTION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. IN NO EVENT SHALL SPONSOR’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF THIS PROMOTION EXCEED THE AMOUNT OF THE PRIZE TO BE AWARDED IN CONNECTION WITH THIS PROMOTION.
16. Governing Law; Venue. This Promotion is governed by United States law and is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws rules thereof, and any matters or proceedings must take place in the federal or state courts of Austin, Texas. Each Entrant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of these courts. Any and all lawsuits or other disputes that arise relating to this Promotion must be filed within one (1) year from the date that the winners are selected.
17. Disputes. Except where prohibited, as a condition of participating in this Promotion, each Entrant agrees that any and all disputes which cannot be resolved between or among the parties, and any claims and causes of action arising out of or connected with this Promotion, the prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action.