TOTAL BY VERIZON SOCIAL SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

1. Sweepstakes Details 

The Total By Verizon Social Sweepstakes (the “Sweepstakes”), begins at 12:00 a.m. Eastern Time (“ET”) August 29, 2023 and ends at 11:59 p.m. ET on September 19, 2023 (the “Sweepstakes Period”). Sponsor is the official timekeeper for this Sweepstakes.

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes.

2. Eligibility

This Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age at the time of entry and who are new or existing customers. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law. 

3. Sponsor and Administrator

Sponsor: TracFone Wireless (“Sponsor”), 9700 N.W. 112th Avenue, Miami, FL 33178.

Administrator: Avid Marketing Group (“Administrator”), 100 Corporate Place, Suite 200, Rocky Hill, CT 06067-1008.

4. How to Enter

During the Sweepstakes Period, an eligible entrant must log on to their Instagram Account and become a follower of @totalbyverizon (if not already following).  Entrant must then comment on the Sponsor’s Sweepstakes post and include #TotalUpgradeSweepstakes.  Only comments with the required hashtag on the Sweepstakes post will receive an entry into this Sweepstakes.  After commenting with the required information, entrant will receive one (1) entry into the Sweepstakes.  Entries will not be judged and winner will be randomly selected from all eligible entries received.  Entrant must follow @totalbyverizon during the Sweepstakes Period and for a period of thirty (30) days thereafter for prize notification purposes.

Limit: There is a limit of ten (10) entries per person, per day, during the Sweepstakes Period.  Multiple entrants are not permitted to share the same email address.  Any attempt by any entrant to obtain more than the stated number of entries using automated systems, multiple/different email addresses, identities, registrations, or any other methods will void that entrant’s entries and will result in disqualification. 

Entrant must have an Instagram account. Entrants may create an Instagram account at no cost by logging on to http://instagram.com. Creation of an Instagram account requires entrant to agree to Instagram’s Terms of Service and Privacy Policy, available at http://instagram.com/about/legal/terms/ and http://instagram.com/about/legal/privacy/, respectively.  Due to the way Instagram operate its services, entries from Instagram users with "protected" accounts (i.e., entrant has set his/her account so that only people the entrant has approved can view his or her updates) may not be received.  Instagram is not a sponsor nor endorses this Sweepstakes.

Winning a prize is contingent upon fulfilling all requirements set forth herein. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. 

5. Random Drawings

Winner selection will be conducted by Administrator, whose decisions, along with the decisions of Sponsor, will be final and binding in all matters relating to this Sweepstakes. Administrator will randomly select ten (10) potential winners from all eligible entries received during the Sweepstakes Period.  The random drawings will occur on or around September 20, 2023.

6. Prizes and Approximate Retail Value (“ARV”)

TEN (10) PRIZES:  Each prize includes a Total By Verizon unlimited plan for 6-months (awarded via a Prepaid card – valid for new or existing customers) and a phone case customized by Sponsor (“Prize”).  There will be ten (10) Prizes awarded during the Sweepstakes Period.  The ARV of each Prize is $350.  The odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period. 

Prizes offered and awarded are not redeemable for cash. Prize details not specified herein shall be determined solely by Sponsor. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize, or component thereof, for one of equal or greater value if the designated prize becomes unavailable for any reason. Prizes will be fulfilled within 4-6 weeks after winner verification.

7. Verification of Potential Winners

Potential winners will be notified via Instagram Direct Message from @totalbyverizon (“Notification”), after the random drawing date with instructions on how to claim their prize. Winners must respond to Notification and provide the requested information to Administrator within three (3) business days of receiving the Notification.   If any prize notification is returned as undeliverable, or if the potential winner fails to provide the required information within the stated time period, does not comply with these Official Rules, or if the potential prize winner cannot accept the prize as stated, the prize will be forfeited in its entirety. Sponsor may choose to award the prize to an alternate winner in a random drawing from among the remaining entries received. Administrator/Sponsor will make best efforts to award all prizes. If a prize remains unawarded after three (3) re-draws, the applicable prize will remain unawarded.  ALL FEDERAL, STATE, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.

8. Entry Conditions and Release

By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes; (b) except where prohibited, release and hold harmless Sponsor, Administrator, Instagram, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, illness, death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) except where prohibited, indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.

Any personally identifiable information collected during an entrant's participation in the Sweepstakes will be collected by Sponsor, Administrator or other Sponsor designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the administration and fulfillment of the Sweepstakes as described in these Official Rules. 

9. Publicity

Except where prohibited, participation in this Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any medium, worldwide, without further payment or consideration.

10. General Conditions

Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, illegible, garbled or damaged entries, prize claims, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries or prize claims, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion. Administrator 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, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Neither Sponsor nor Administrator have made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded, and specifically disclaim all such warranties, representations or guarantees, including, without limitation, any warranty of merchantability or fitness for a particular purpose.

Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. In the event of a dispute as to any registration or entry, the authorized account holder of the email address 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, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

11. Limitations of Liability

The Released Parties are not responsible for: (a) 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; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) 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, Sponsor, at its 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 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, unawarded, eligible prize claims.

If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

12. Choice of Law and Disputes

By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes shall be governed by laws of the State of New Jersey, without giving effect to any choice of law or conflict of laws principles. 

Entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) 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 (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

13. Entrant’s Personal Information

Information collected from entrants is subject to Sponsor’s Privacy Policy, which is available at https://www.tracfonewirelessinc.com/en/Privacy%2BPolicy/ and Administrator’s Privacy Policy, which is available at https://www.avidinc.com/terms

14. Winners List

For a list of winners, send a hand-printed, self-addressed, stamped envelope to “VZN5713536W Total By Verizon Social Sweeps” c/o Avid Marketing Group, P.O. Box 1008, Rocky Hill, CT 06067-1008, or send an email to sweepsteam@avidinc.com. Requests must be received by November 19, 2023. 

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