Modell’s $100 Gift Card Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
Void where prohibited.
1. SWEEPSTAKES PERIOD: The Gift Card Giveaway (the "Sweepstakes") starts November __, 2021 at 12:00:00 AM Eastern Standard Time and will conclude on November __, 2021, at 11:59:59 Eastern Standard Time (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device.
2. ELIGIBILITY: TO BE ELIGIBLE TO WIN, YOU MUST BE A LEGAL RESIDENT OF THE UNITED STATES AND AT LEAST 13 YEARS OF AGE OR OLDER ON DATE OF ENTRY. SWEEPSTAKES IS VALID FOR RESIDENTS OF THE UNITED STATES, EXCEPT WHERE RESTRICTED BY LAW. The following persons are not eligible to participate in the Sweepstakes: (a) officers, directors, employees and representatives of Modell’s Sporting Goods Online, Inc. (the "Sponsor") or its subsidiaries or affiliated companies; (b) persons engaged in, and persons associated with companies engaged in, the development, production, promotion, advertising or running of this Sweepstakes (collectively, the "Promotion Parties"); and (c) each of the foregoing persons’ immediate family members (parent, child, sibling, and spouse of each), as well as persons living in the same household (whether related or not). Any eligible minor must have his or her parent’s or legal guardian’s permission to enter this Sweepstakes. By participating in the Sweepstakes, each entrant (an “Entrant”) agrees to be bound by the Official Rules
3. HOW TO ENTER: No Purchase, entry fee, payment, or proof-of-purchase necessary to participate in the Sweepstakes. At the beginning of the Sweepstakes Period, Sponsor will publish one (1) giveaway post (the “Post”). To enter the Sweepstakes, Entrants must do all of the following:
A. Follow the Sponsor’s Instagram page, @Modells;
B. Comment “WIN” on the Post; and
C. Tag two, individual friends in your comment on the Post.
You must meet all three criteria above in order to earn one (1) entry (an “Entry”) into the Sweepstakes. Entrants may also earn an Entry by sending an e-mail with their name, address, and e-mail address to robert.levine@modellsinc. with the subject line “11/14/21 – Gift Card Giveaway."
Maximum one (1) entry per account during the Sweepstakes Period. The name of the person submitting the Sweepstakes entry must be the authorized account holder of such Instagram profile and/or e-mail address, otherwise, entry may be deemed void.
Proof of submission of entry does not constitute proof of delivery of entry. All entries become the sole property of Sponsor. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including, but not limited to, entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related Instagram profiles, e-mail or IP addresses may be blocked.
Any attempts to submit Entries in excess of the limit, or otherwise circumvent these Official Rule, in Sponsor’s sole discretion including, but not limited to, establishing multiple email accounts or multiple social media accounts will be disqualified from participation in the Sweepstakes.
4. PRIZE: The Sponsor will randomly select one (1) winner, who will receive a $100 gift card for Sponsor’s website (the “Prize”).
5. PRIZE RESTRICTIONS: No substitutions or transfer of prizes permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. The Prize will not be returnable for any consideration including cash equivalent.
6. WINNER SELECTION: The Prize will be awarded by a random drawing conducted by the Sponsor. Odds of winning a prize depend on the number of eligible entries received. Entries submitted are only eligible for this Sweepstakes. By entering this Sweepstakes, all participants agree that all decisions made by the Sponsor regarding matters relating to the Sweepstakes winners are final. Results of the prize drawing will be announced in the comments section.
7. WINNER NOTIFICATION AND PRIZE FULFILLMENT: The potential winner will be notified via Instagram comment. Any winner who does not respond to notification attempts within five (5) business days will result in prize forfeiture and an alternate winner may be randomly drawn by the Sponsor. Any winner notification returned as undeliverable without a forwarding address will result in prize forfeiture and an alternate winner may be randomly drawn by Sponsor.
Certain terms and conditions may apply to gift cards or online codes, see gift card or e-mail delivering online code for details. Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any aspect of Prize Winner’s acceptance or use of the Prize.
8. GENERAL: Except as determined by Sponsor, in its sole discretion, no substitution of prize is available, nor is any transfer of prize to a third party permitted. All federal, state or other tax liabilities arising from this Sweepstakes are the sole responsibility of each respective prize winner. Prizes are not redeemable for cash.
9. CONDUCT: By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. These Official Rules are accessible at (www.modells.com) throughout the Sweepstakes Period. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual suspected of tampering with the entry process or the operation of the Sweepstakes, or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules, or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY USER, ENTRANT OR OTHER INDIVIDUAL WHO DELIBERATELY ATTEMPTS TO INTERFERE WITH OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR TO DAMAGE THE BUSINESS OR PROPERTY OF SPONSOR OR ANY OF THE PROMOTION PARTIES MAY BE SUBJECT TO CRIMINAL PROSECUTION OR CIVIL LIABILITY TO THE FULL EXTENT PROVIDED BY LAW.
10. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) 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, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or any combination thereof; (e) any injury or damage to participant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Sweepstakes or download any materials in the Sweepstakes; (f) any injuries, losses or damages of any kind caused by a prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (g) any printing, typographical or technical errors in any materials associated with the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part.
11. ENTRANT AND WINNER RELEASES: All entrants, as a condition of entry into the Sweepstakes, agree to release Sponsor and the Promotional Parties, and each of their respective parents, subsidiaries and affiliated companies, officers, directors, employees and representatives, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons, property or otherwise which may be sustained in connection with the Sweepstakes, including without limitation, accessing the Sweepstakes page, submitting an entry or otherwise participating in any aspect of the Sweepstakes, preparing for, participating in or traveling to and/or from any prize-related activity, or any typographical or other error in these Official Rules or the announcement or offering of any prize. By entering the Sweepstakes, each Entrant hereby represents that any submissions/posts are his or her own and that he or she owns all copyrights in connection with such posts and all persons depicted in such posts have given permission for entrant to submit such submissions/posts and grant the rights and releases granted by entrant herein. Entrant hereby grants to Sponsor a non-exclusive, royalty-free, perpetual, non-revocable license and right to reproduce, use and/or edit all posts submitted (or portions thereof, including any writings, photographs or drawings) in any manner, including posting or reposting on https://www.modells.com and or https://www.facebook.com/modells/ via Twitter, Facebook or Instagram, and no such posting or other use shall entitle the Entrant submitting such post (including any photo) to any compensation of any kind whatsoever. The winner shall bear all risk of loss or damage to the Prize after it has been delivered. Except to the extent otherwise required by law, Sponsor makes no representations or warranties of any kind whatsoever concerning any prize. Sponsor shall have the right to print, publish, broadcast and use worldwide in any media now known or hereinafter developed (including without limitation online at https://www.modells.com and https://www.facebook.com/modells/ or via Twitter, Facebook or Instagram) the name, address, entry, voice, statement, picture or other likeness of the winner, without any additional compensation, for public relations, advertising and promotional purposes, as may be determined by Sponsor.
12. WINNERS LIST: To request the name of the winner, available after the conclusion of the Sweepstakes Period, you may send an e-mail with subject line: “(DATE) – Gift Card Giveaway" to robert.levine@modellsinc. Requests received after more than three months after the conclusion of the Sweepstakes Period will not be honored.
13. DISPUTES: Entries will be deemed made by the authorized account holder of the phone number submitted at time of Entry. In the event of a dispute over who submitted a winning Entry, the authorized account holder for the phone number attached to that winning Entry will be declared the winner. “Authorized Account Holder” is defined as the natural person assigned to a phone number by the carrier or provider. A potential winner may be asked to provide the Sponsor with satisfactory proof that he/she is the Authorized Account Holder of the phone number associated with a potentially winning Entry. It is the sole responsibility of the Entrant to notify the Sponsor in writing if the entrant changes his or her Instagram profile or email address during the Sweepstakes Period.
14. GOVERNING LAW: This Contest is conducted in English, and Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively by arbitration to be held in Miami, Florida, applying the laws of the State of Delaware, and to be administered by a single arbitrator from the Judicial Arbitration & Mediation Services, Inc. (“JAMS”) in accordance with JAMS’ rules of practice then in effect or such other procedures as the parties to such arbitration may agree to; and (b) any and all claims, judgments or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant, Entrant, and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules. Any award issued as a result of such arbitration shall be final and binding between the parties thereto and shall be enforceable by any court having jurisdiction over the party against whom enforcement is sought.
15. SWEEPSTAKES SPONSOR: Modell’s Sporting Goods Online, Inc. located at 1680 Michigan Avenue, Suite 700, Miami Beach, FL 33139.