HOLIDAY SWEEPSTAKES OFFICIAL RULES
Important: Please read these Official Rules before entering this Promotion (the “Promotion”). By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements.
NO PURCHASE, PAYMENT, TRADE-IN, OR SALE IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
PURCHASE OR SALE WILL NOT INCREASE ODDS OF WINNING.
1. Eligibility. PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE. THIS PROMOTION IS VOID WHERE PROHIBITED. IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND ECOATM, LLC (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. Directors, officers, and employees of Sponsor and its parent company, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state, and local laws and regulations apply.
2. Disclaimer. Sponsor, and its parent company, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, server, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses, or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
3. Promotion Period. The Promotion starts at 12:00:01 AM Pacific Time (“PT”) on November 29, 2021 and ends at 11:59:59 PM PT on January 5, 2022 (the “Promotion Period”). All entries must be received during the Promotion Period to be eligible to win a prize.
4. Two Ways To Enter. 1) During the Promotion Period, sell Sponsor a cell phone, MP3 player or tablet (“Device”) at an ecoATM kiosk at participating Stores, and enter your email address to receive one (1) entry. You will receive promotional emails related to ecoATM. Device value is based on Device make, model and condition and is determined in ecoATM’s sole discretion. 2) Alternatively, you may enter the Promotion without selling your Device by completing and submitting an online entry form found at ecoatm.com/holidaysweepstakes You will receive one (1) entry per online entry.
For All Entry Methods: All requested information must be provided for your entry to be valid. Entries become the exclusive property of Sponsor and will not be acknowledged or returned. All entrants and entries are subject to verification by Sponsor (in Sponsor's sole discretion). Limit five (5) entries per person, regardless of method of entry. Multiple entries from the same person in violation of the above will be disqualified.
5. Random Drawing/Winner Notification. Potential Prize winners will be selected in a random drawing on or about January 12, 2022, from all eligible entries received. Potential winners will be notified approximately seven (7) days after the random drawing via mail and/or email based on the information provided at time of entry. Potential grand prize winner will be required to complete, sign, and return a W-9, a Declaration of Eligibility, a Liability Release and, where lawful, a Publicity Release within seven (7) days of attempted notification. If documents are not returned on a timely basis, or if prize notification or any prize is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited and, at Sponsor’s discretion, awarded to an alternate winner. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.
6. Prizes/Values/Odds: One (1) Grand Prize: a five thousand-dollar ($5,000) Walmart Gift Card and ninety (90) First Prizes: a five hundred-dollar ($500) Walmart Gift Card. Total value of all prizes is fifty thousand dollars ($50,000). Odds of winning depend upon the total number of eligible entries received. Prizes consist of only the item specifically listed as the prize. Sponsor reserves the right to substitute any prize with a different prize of equal or greater value should any of advertised prizes become unavailable for any reason. No substitution, assignment, cash redemption or transfer of prize by winners permitted. Gift cards are not redeemable or exchangeable for cash and are subject to all terms and conditions of use as established by issuer. Sponsor is not responsible for expired, lost, or stolen gift card. All federal, state, and local taxes are the sole responsibility of each winner. Grand Prize winner will be issued an IRS Form 1099 for the value of the prize and is advised to seek independent counsel regarding the tax implications of his/her respective prize winnings. Limit one (1) prize per person.
7. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry, as long as such person is otherwise eligible in accordance with these Official Rules. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
8. Miscellaneous. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to cancel or modify the Promotion if fraud, misconduct, or technical failures destroy the integrity of the Promotion; or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Promotion as determined by Sponsor/Promotional Participants, in their sole discretion. In the event of termination, a notice will be posted online, and the drawing will be conducted from among all eligible entries received prior to termination. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, pandemic, epidemic, outbreak, terrorism, act of public enemies, or actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
9. Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Any dispute, claim, or controversy arising out of or related to the Promotion or these Official Rules and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. The state or federal courts in San Diego County, California, will have exclusive jurisdiction over any suit not subject to arbitration. You and ecoATM will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by JAMS (or its successor) pursuant to its Streamlined Arbitration Rules and Procedures, and conducted by a single arbitrator in San Diego, California, unless the arbitrator determines differently. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The parties will implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award. The Promotion and these Official Rules, including any disputes hereunder, will be governed, construed, and interpreted under the laws of the State of California, U.S.A., without giving effect to any conflict of laws principles. Whether the dispute is heard in arbitration or in court, you and ecoATM will not commence against the other a class action, class arbitration, or other representative action or proceeding.
10. General Release. By entering the Promotion, you release Sponsor, and Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
11. Use of Winner's Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to use each winner's name, city and state, likeness, persona, and/or prize information, without limitation, including in a public facing winner list, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to execute a consent to the use of their name, hometown, likeness, persona, and/or prize information, without limitation, including in a public facing winner list, for promotional purposes without further permission or compensation.
12. Winner List. For a copy of the winners list, available after January 31, 2022, send a stamped, self-addressed, business-size envelope to the Sponsor at the address listed below, Attn: Holiday Sweepstakes Winners List or send an email to firstname.lastname@example.org. To obtain a copy of these Official Rules, visit ecoatm.com/sweepstakes or send a stamped, self-addressed business-size envelope to Sponsor at: Attn: Holiday Sweepstakes Rules Request. Residents of VT may omit return postage.
14. Intellectual Property Notice. ECOATM are all trademarks of ecoATM, LLC. The Promotion and all accompanying materials are copyright © 2021 by ecoATM, LLC. All rights reserved.
15. Sponsor: ecoATM, LLC, 10121 Barnes Canyon Road, San Diego, CA 92121.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with Walmart Inc.