Sam’s Club – #samsclubvip Sweepstakes

#SamsClubVIP
Sweepstakes

Official Rules

 

NO PURCHASE
NECESSARY.  A PURCHASE OR PAYMENT OF ANY
KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW,
IN ALASKA AND OUTSIDE THE UNITED STATES. SUBJECT TO ALL FEDERAL, STATE AND
LOCAL LAWS, REGULATIONS, AND ORDINANCES. 
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED ADMINISTERED BY, OR
ASSOCIATED WITH TWITTER, INC. OR INSTAGRAM, INC.

 

1.
Eligibility: #SamsClubVIP Sweepstakes (the
“Sweepstakes”) is open only to legal residents of the fifty (50) United States
(excluding Alaska), the District of Columbia, and Puerto Rico who are at least the
age of majority in their jurisdiction of legal residence (18+ in most states,
19+ in Alabama and Nebraska) at the time of entry. Employees of Sam’s West, Inc., Walmart Inc., Haworth Inc., Dentsu
Inc., VMLY&R, Merkle Inc., and their parent and affiliate companies as well
as the immediate family (spouse, parents, siblings, and children) and household
members of each such employee are not eligible. Participation constitutes
entrant’s full and unconditional agreement to these Official Rules. Sponsor and
Administrator’s decisions are final
and binding in all matters related to
the Sweepstakes.  Winning a prize is
contingent upon fulfilling all requirements set forth herein.

 

2. Sponsor: Sam’s West, Inc., 2101 SE Simple Savings Drive, Bentonville, AR
72716. Administrator:
Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI  48075.

 

3. Timing: The
Sweepstakes begins on February 13, 2022 at 6:30 p.m. Eastern Time
(“ET”) and consists of four (4) “Entry Periods,” each of which starts
at 6:30 p.m. ET and ends 15 minutes after @SamsClub Tweets and posts an Instagram
Story on Instagram with a “15 minute announcement” (each, a “Sweepstakes Post”)
 The “Promotion Period” starts at 6:30
p.m. ET and ends 15 minutes after the final @SamsClubTweet/Instagram Story is
published for the 4th Entry Period. 
Twitter’s servers function as the official time keeping device for
Twitter entries and Instagram’s servers function as the official time keeping
devices for Instagram entries.

 

4.
How to Enter:      

Participation Requirements:
To participate, you will need to have a Twitter and/or Instagram account (each
a “Social Account”). Creating each Social Account is free but is subject to the
applicable terms and conditions, which can be found, respectively, at http://twitter.com/tos
and/or
http://instagram.com/about/legal/terms/#.
By entering, you agree that Sponsor may contact you on Instagram or Twitter, by
sending you a direct message, replying to your Tweet, tagging you, posting to
your social media page or naming you on Sponsor’s social media page. Normal
Internet access, phone, and usage charges imposed by your online or phone
service may apply.  If
you are entering via a mobile device and using your wireless carrier’s network,
standard data charges from your wireless carrier may apply. 

 

Twitter Entry Requirements:
During the Promotion Period, take the following actions:

(a) Tweet #SamsClubVIP #Sweepstakes on www.twitter.com
(“Tweet”), complying with all Content Restrictions listed below (Retweets will
not be deemed entries);

(b) Keep your account settings set to “public”
at all times, during the Promotion Period and until the prizes have been awarded
(as described in Section 6);

(c) Keep the same Twitter handle during
the Promotion Period and until the prizes have been awarded (as described in
Section 6).

 

Instagram Entry Requirements:
During the Promotion Period, locate Sponsor’s post advertising this Sweepstakes
(“Sweepstakes Post”) and take the following actions:

(a) Follow @samsclub on www.instagram.com;

(b) Comment on the Sweepstakes Post
using the hashtags #SamsClubVIP #Sweepstakes (“Comment”) and complying with all
Content Restrictions listed below;

(c) Keep the same Instagram handle
during the Promotion Period and until the prizes are awarded (as described in
Section 6).

 

Content Restrictions for
your Entry:

·      
Your
Tweet or Comment need not include any additional reference, positive or
negative, to Sponsor’s products or services. Including a reference to
Sponsor’s products or services will not improve your chances of winning.  

·      
Your
Tweet/Comment must be your original work; 

·      
Your
Tweet/Comment must not convey any claims of Sponsor’s products or services that
would be deemed unsubstantiated or deceptive if made by Sponsor;

·      
Your
Tweet/Comment must not disparage Sponsor or any other parties;

·      
You
must have permission to include any names or likenesses of other individuals
and to grant the rights set forth in Section 5. You should only include minors
in your Tweet or Comment if they are your children/wards. If requested, entrant
must be able to provide such permissions in writing to Sponsor; 

·      
Your
Tweet or Comment must not contain material that violates or infringes another’s
rights and therefore may not include logos, trademarks or any other
intellectual property other than those of the Sponsor;

·      
Your
Tweet or Comment must not make references to or otherwise include alcohol,
illegal drugs, tobacco, or firearms/weapons, any activities that are or appear
to be dangerous, or any political agenda;

·      
Your
Tweet or Comment may not be indecent, obscene, sexually explicit, hateful, promote
bigotry, racism, hatred, or harm against any group or individual and/or
promotes discrimination based on race, gender, religion, nationality,
disability, sexual orientation, or age; and

·      
Your
Tweet or Comment may not be tortious, defamatory, libelous, disparage Sponsor
or any other person or party, or contain material that is unlawful in any way.

 

Upon Tweeting or posting a Comment that
conforms to all of the above requirements, you will receive one (1) Sweepstakes
entry associated with the time of your Tweet/Comment into the applicable Entry
Period drawing, as well as all subsequent Entry Period drawings. Sponsor, in
its sole discretion, may disqualify any post that it finds to be unlawful or in
violation of these Official Rules.                               

 

Entry
Limit: You may enter up to ten (10) times on Twitter and ten (10) times
on Instagram during the Promotion Period. Entries not selected as winning
entries from one Entry Period will roll over to the next Entry Period.  Multiple entrants are not permitted to share the same Twitter or Instagram account. Any attempt by any entrant to
obtain more than the stated number of entries by using multiple/different Twitter
or Instagram accounts, identities, registrations and logins, or any other
methods, will void that entrant’s entries and that entrant may be disqualified.
Use of any automated
system to participate is prohibited
and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder
of the Twitter or Instagram account used to
register will be deemed to be the entrant.
The “authorized account holder” is the natural person assigned an email address
by an Internet access provider, online service provider or other organization
responsible for assigning email addresses used to create the Twitter or Instagram
account. Each potential winner may be required to
show proof of being an authorized account holder. Incomplete, illegible,
corrupted, or untimely entries will be disqualified.  Released Parties (as defined in Section 8, below) are not
responsible for lost, late, unreceived, damaged, incomplete, invalid,
un-intelligible, garbled, delayed, or misdirected Submissions or failure to
receive Submissions due to limitation of third-party social network platforms all
of which will be void. 

5. Sponsor’s Use of Social Content: Tweeting or Commenting constitutes entrant’s consent to give Sponsor
a royalty-free, irrevocable, perpetual, non-exclusive license to use,
reproduce, modify, publish, create derivative works from, and display such entries
in whole or in part, on a worldwide basis, and to incorporate it into other
works, in any form, media or technology now known or later developed, including
for promotional or marketing purposes. If requested, entrant will sign any
documentation that may be required for Sponsor or its designees to make use of
the non-exclusive rights entrant is granting to use the Tweet or Comment. 

   

6. Grand Prize Drawings: Administrator is an independent organization whose decisions
as to the administration and
operation of the Sweepstakes and the selection of the potential winners are
final and binding in all matters related to
the Sweepstakes. Administrator will
randomly select the potential Sweepstakes winner for each Entry Period from all
eligible entries received through the end of the applicable Entry Period. Odds of winning a prize depend on the number of eligible
entries received for each Entry Period. The
potential winner for each Entry Period drawing will be notified
during the evening of February 13, 2022 by @SamsClub on the social channel used
to enter. 
Potential winners who entered on Twitter, may be first required to
follow @SamsClub, and will have one day to do so in order to receive prize
claim instructions. Potential winners will then receive a private message
directing them to complete a secure online claim
form and will be asked to provide their name, email address, mailing
address and date of birth to confirm eligibility within three (3) days of the
date notice as a first step to claim the prize. Next, each
potential winner will be required to sign and return a Declaration of
Compliance, Liability Waiver and, where not prohibited, a Publicity Release (“Declaration”)
which must be received by Administrator within four (4) days of the date notice
or attempted notice is sent, in order to claim the prize. If a potential winner
of any prize cannot be contacted, fails to Follow @SamsClub when
requested, fails to sign and return
the Declaration or provide other requested information within the required time
period, the potential winner forfeits the prize.  Receiving a prize is contingent upon
compliance with these Official Rules. In the event that a potential winner
forfeits the prize or is disqualified for any reason, Sponsor will award the applicable
prize to an alternate winner by random drawing from among all remaining
eligible entries.
 If Sponsor and/or Administrator are unable to
determine and verify a potential winner
after repeated alternate drawings, or if Sponsor fails to receive a sufficient
number of entries to correspond to the number of prizes available to be
awarded, Sponsor reserves the right to not award all prizes.

 

7. Prizes: ONE (1) FIRST ENTRY PERIOD GRAND PRIZE.
There will be one (1) Grand Prize awarded to the First Entry Period winner,
consisting of: (a) Fifty (50) $500 Sam’s Club gift cards (total value of
$25,000); fifty (50) Sam’s Club Gift of Membership cards, each redeemable for a
one-year Sam’s Club Plus Membership; and (c) a $12,850, to be awarded via ACH
wire transfer.  Approximate
Retail Value (“ARV”) of First
Entry Period Grand Prize: $42,850.

 

ONE (1) SECOND ENTRY PERIOD GRAND PRIZE.
There will be one (1) Grand
Prize awarded to the Second Entry Period winner, consisting of: (a) a $50,000
voucher redeemable for travel agency services with Administrator’s travel
agency; (b) fifty (50) Sam’s
Club Gift
of Membership cards, each redeemable for a one-year Sam’s Club Plus Membership;
and (c) $23,550, to be awarded
via ACH wire transfer. ARV of Second Entry Period Grand Prize: $78,550.

 

Travel voucher must be redeemed for
travel by December
31, 2025. Travel voucher may be redeemed for
one trip for winner and up to five (5) guests. All travel companions/guests
must be at least eighteen years of age or older as of the date of departure (unless
they are the child(ren)/ward(s) of winner) and must travel on same itinerary
and at the same time as the winner. Travel companions
must execute liability/publicity releases prior to issuance of travel
documents. If travel is outside of the United States, winner and guests must
have a valid passport at time of travel.  Winner may use the voucher for
travel to a maximum of five (5) locations. To the extent that the selected
travel elements cost less than $50,000, winner will receive the excess as a
check or a prepaid card. If winner would like to include more guests or if
selected travel expenses are more than $50,000, winner is responsible for
excess costs.  Additional
travel restrictions, conditions and limitations may apply, including
availability limitations, blackout dates, and restrictions and conditions
imposed by third party travel providers including airlines, hotels and rental
car providers.  Winner
may be required to be available to travel at certain dates or times or risk
forfeiting prize.  Winner and
Guest are also responsible for obtaining travel insurance (and all other forms
of insurance) at their option and hereby acknowledge that Sponsor has not and
will not obtain or provide travel insurance or any other form of
insurance. 

 

There
exists an inherent risk of exposure to COVID-19 in any public place where
people are present. COVID-19 is a contagious disease that can lead to severe
illness and death. By traveling and/or attending any event, winner and winner’s
guests voluntarily assume all risks related to exposure to COVID-19. Winner and travel companions are
responsible for complying with any COVID-19 requirements set forth by airline,
rental car vendor, hotels, excursion and event venues or other vendors offering
services that are part of the trip prize. Failure to comply with any required
COVID-19 requirements may result in forfeiture of the prize of elements of the
prize.  Forfeiture of any aspect of the
trip due to failure to meet these requirements will not impact the value of the
trip as reported on an IRS Form 1099 or otherwise.

 

ONE (1) THIRD ENTRY PERIOD GRAND PRIZE:
There will be one (1) Grand
Prize awarded to the Third Entry Period winner, consisting of: (a) a
Black 2022 Mercedes-Benz GLC 300 SUV 4MATIC
(“Prize Vehicle”); (b) fifty
(50) Sam’s Club Gift of Membership cards, each redeemable for a one (1) year
Sam’s Club Plus Membership; and (c) $27,850 cash, to be awarded via ACH wire
transfer.  ARV of Third Entry
Period Grand Prize: $92,850.

 

The Prize Vehicle will either be (i) delivered to the Sam’s Club closest to winner’s
residence (selected by Sponsor); or (ii) if delivery to said Sam’s Club is not
possible, Winner will be required to pick up the vehicle at a dealership ay a mutually
agreeable date/time (“the Event”). Sponsor plans to film the Event. This “Prize
Footage” from the Event is owned by Sponsor, which may choose to publish this
Prize Footage, in whole or in part, on a worldwide
basis, and to incorporate it into other works, in any form, media or technology
now known or later developed, including for promotional or marketing purposes
without further compensation to Winner.   

 

Sponsor will determine all features of
automobile, including but not limited to color of exterior and interior, and
may modify such features at its sole discretion.  Winner must be a licensed driver and will be
required to provide proof of valid license and insurance to the selected local dealership
that will fulfill the prize. Winner is responsible for title, license,
registration, auto insurance, taxes, gasoline, vehicle maintenance, and other
fees and expenses associated with receipt and use of prize. Prize vehicle may
differ from what is depicted in Sweepstakes advertising. Winner will be
contacted regarding the fulfillment of the prize within 8-10 weeks of the
conclusion of the Sweepstakes, and the prize will be fulfilled by the
designated dealership as soon as it becomes available.  Sponsor reserves the right to delay vehicle
delivery or substitute a similar vehicle of equal or greater value should the
vehicle as described be unavailable for any reason. 

 

ONE (1) FOURTH ENTRY PERIOD GRAND PRIZE:
There will be one (1) Grand
Prize awarded to the Fourth Entry Period winner, consisting of: (a) One
hundred eighty (180) $500 Sam’s Club gift cards (total value $90,000); (b) fifty (50) Sam’s
Club Gift
of Membership cards, each redeemable for a one-year Sam’s Club Plus Membership;
and (c)
$40,700 to be awarded via ACH wire transfer.
ARV of Fourth Entry Period Grand Prize: $135,700.

 

Total ARV of all prizes: $349,950.  LIMIT:
ONE (1) PRIZE PER PERSON.

 

ADDITIONAL PRIZE RESTRICTIONS:  Additional terms and conditions apply to gift
card prizes; see front and back of gift cards for additional terms.  Prizes
will be fulfilled approximately 8-10 weeks after the conclusion of the
Sweepstakes. Any and all applicable federal,
state, and local taxes and all fees and expenses related to acceptance and use
of prizes not specifically stated herein, including but not limited to, change
of air travel fees, ground
transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service
charges or facility charges, personal charges at lodging, security fees
and/or other expenses, are the responsibility solely of winner(s). Prize cannot
be substituted, assigned, transferred, or redeemed for cash, and no substitution will be made except as provided herein at the
Sponsor’s sole discretion. Sponsor reserves the right to
substitute a prize for one of equal or greater value if the designated prize or
any components of prize should become unavailable for any reason. Sponsor
will not replace any lost or stolen prizes or components of a prize.  Prize cannot be used in conjunction with any
other promotion or offer. Only the number of prizes stated in these Official
Rules is available to be won in the Sweepstakes. If, by reason of a print or
other error, more prizes are claimed than the number set forth in these
Official Rules, prize winner(s) will be selected in accordance with the winner
selection method described above from among all eligible claimants making
purportedly valid claims to award the advertised number of prizes
available.    

 

8.
Release: By participating, each entrant agrees:
(a) to abide and be bound by these Official Rules and decisions of Sponsor, and
to waive any right to claim any ambiguity or error therein or in the Promotion
itself, which shall be final and binding in all respects relating to this
Promotion; (b) to release, discharge and hold harmless Sponsor, Walmart Inc., Haworth
Inc., VMLY&R, Administrator, Twitter, Inc., Instagram Inc., and their respective
affiliates, subsidiaries, distributors, and advertising and promotion agencies,
and the respective officers, directors, shareholders, employees, agents and
representatives of the forgoing (collectively, “Released Parties”) from any and
all injuries, liability, losses and damages of any kind to persons, including
death, or property, resulting, in whole or in part, directly or indirectly,
from entrant’s participation in the Sweepstakes or any Sweepstakes-related
activity or the acceptance, possession, use or misuse of the prize, or any
claims based on publicity rights, defamation or invasion of privacy, or
merchandise delivery; (c) to indemnify Released Parties from any and all
liability resulting or arising from the Sweepstakes and to hereby acknowledge
that Released Parties have neither made nor are in any manner responsible or
liable for any warranty, representation, or guarantee, express or implied, in
fact or in law, relative to any prize, including express warranties provided
exclusively by any prize supplier that are offered with the prize. By
participating, entrant also agrees not to release any publicity or other materials
on their own or through someone else regarding their participation in the
Promotion without the prior consent of the Sponsor, which it may withhold in
its sole discretion.

 

9.
Publicity/Intellectual Property Release
and Assignment: Except where prohibited by law, participation in the
Sweepstakes constitutes each entrant’s grant to Sponsor (which grant will be
confirmed in writing on request of Sponsor), and its agents the right and
permission to print, publish, broadcast, and use, worldwide in any media now
known or hereafter developed, including but not limited to the world wide web,
at any time or times, the entrant’s entry,  name, prize information, likeness, Entry, photograph
(including, without limitation, entrant’s Twitter or Instagram profile photo),
voice, opinions and biographical information (including, but not limited to,
hometown and state), and any Prize Footage or other photos or recordings taken
by Sponsor of the winners or otherwise submitted by winners in connection with
the Promotion (the “Materials”) for advertising, trade and promotional purposes
(including the announcement of his or her name on television or radio
broadcast) without additional consideration, compensation, payment, permission,
or notification for promotional purposes in any media, worldwide, without
further payment or consideration. Winners grant to the Sponsor and its legal
representatives an irrevocable and worldwide license to use in perpetuity their
entries and Materials in any form and format, and acknowledge and agree that
Sponsor shall be free to edit, exploit, modify, publish, reproduce, use
disclose, disseminate, and distribute the Materials to others without
limitation in any and all media now known or not currently known, through the
world in perpetuity for any purpose without compensation, permission,
notification or credit to entrant or any third party.  Winners further agree that if Sponsor elects
to use winners’ Materials, winners will execute any documents requested by
Sponsor regarding this license and assignment. 
If any use by the Sponsor of Materials submitted by winners causes Sponsor
to be liable to any third party, winner agrees to indemnify Sponsor and its agents,
employees, affiliates, subsidiaries representatives, and all related parties
from and against any and all damages, costs, judgments
and expenses (including reasonable attorneys’ fees) that it incurs as a result
of use of the Materials. 

10. General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if
any fraud, technical failures, human error, or any other factor impairs the
integrity or proper functioning of the Sweepstakes, or any event or cause
beyond Sponsor’s control (e.g. events such as natural calamities, national
emergencies, wide spread illnesses, declarations of war, acts of God, acts of
terrorism) interferes with any aspect of the Sweepstakes, including but not
limited to fulfillment of the prize(s), as determined by Sponsor in its sole
discretion. Sponsor may (a) suspend the Sweepstakes and modify the Sweepstakes
to address the impairment, then resume the Sweepstakes in a manner that best
conforms to the spirit of these Official Rules; (b) terminate the sweepstakes;
and/or (c) award the prize(s) at random from among the eligible, non-suspect
entries received up to the time of the impairment.  Sponsor 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 the Official Rules of this 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, Sponsor reserves the right to
seek damages from any such person to the fullest extent permitted by law.
Sponsor’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that provision.

11.
Limitations of Liability: The
Released Parties are not responsible if this Sweepstakes cannot be administered
or conducted or any prize cannot be awarded due to cancellations, delays, or
interruptions resulting or arising from Acts of God, war, or terrorism, civil
unrest, strikes, supply shortages, natural disasters, weather, epidemics,
compliance with any law or order of a governmental authority, or any other
similar act, event, or occurrence beyond the reasonable control of the
Sponsor.  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, not received, or otherwise destroyed or
corrupted, entrant’s sole remedy is another entry in the Sweepstakes if it is
possible. No more than the stated number of prizes 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,
Sponsor reserves the right to award only the stated number of prizes by a
random drawing among all legitimate, un-awarded, eligible prize claims.

 

12.
Disputes: Except where prohibited, entrant agrees
that: (1) any and all disputes, claims and causes of action arising out of or
connected with this 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 for the Eastern District of Michigan or the
appropriate Michigan State Court located in Oakland County, Michigan; (2) any
and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this 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 Sponsor in connection with the Sweepstakes,
shall be governed by, and construed in accordance with, the laws of the State
of Michigan without giving effect to
any choice of law or conflict of law rules (whether of the State of Michigan or
any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.

13.
Entrant’s Personal Information: Information
collected from entrants is subject Sponsor’s Privacy Policy at https://corporate.samsclub.com/privacy-policy.

 

14.  Winner List:
For a winner list, visit https://bit.ly/349kils. The winner list will be posted after winner
confirmation is complete.

 

© 2022
Merkle Inc.  © 2022 Sam’s West, Inc.  All rights reserved.

This
promotion is in no way sponsored, endorsed or
administered by, or associated with, Twitter, Inc., Instagram, Inc., TrueCar,
Inc., Mercedes-Benz AG.