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Tracfone #StraightTalkHolidayCard Sweepstakes: Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

The Tracfone #StraightTalkHolidayCard Sweepstakes (the “Sweepstakes”) starts on December 7, 2022 at 12:00 a.m. Eastern Time (“ET”) and ends on December 31, 2022 at 11:59 p.m. ET (“Sweepstakes Period”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with TikTok or Instagram.

ELIGIBILITY: Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years or older. Employees of TracFone Wireless, Inc. (“Sponsor”), Weber Shandwick, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.

HOW TO ENTER: During the Sweepstakes Period, there are three (3) ways to enter;

1) TikTok: Log on to your TikTok account and post an original TikTok that includes the hashtags #StraightTalkHolidayCard and #sweepstakes in your post to receive one (1) entry (each, an “Entry”). A TikTok account is required to enter via this entry method and can be opened for free at www.tiktok.com or by downloading the TikTok application onto your smart phone from your appropriate app store. Entries on TikTok must be posted by December 31, 2022 at 11:59 p.m. ET to be considered. OR

2) Instagram: Log on to your Instagram account and post an original photo or video that includes the hashtags #StraightTalkHolidayCard and #sweepstakes in your post to receive one (1) Entry. An Instagram account is required to enter via this entry method and can be opened for free at www.instagram.com or by downloading the Instagram application onto your smart phone from your appropriate app store. Entries on Instagram must be posted by December 31, 2022 at 11:59 p.m. ET to be considered.

3) Mail-In: To receive one (1) Entry without posting on TikTok or Instagram, on a 3" x 5" piece of paper, hand-print your name, complete address, phone number (area code included), email address, and date-of-birth, and mail entry in a properly stamped #10 envelope to: Tracfone #StraightTalkHolidayCard Sweepstakes, Weber Shandwick, 7th Floor, 1831 Chestnut Street, ATTN: Briana Gilomen, St. Louis, MO United States, Missouri. Entries must be postmarked by December 31, 2022 and received by January 5, 2023 to be eligible.

Entries generated by script, macro or other automated means are void. Limit of one (1) Entry per person using only one (1) social media account throughout the Sweepstakes Period, regardless of method of entry. Entries received from any person or social media account in excess of the limitation will be void. All mail-in entries must be mailed in separately.

Please Note: The content of your photos, videos and/or social channel posts will not be judged and therefore will not increase or decrease your chances of winning the prize.

If you choose to enter using your mobile phone, standard data rates may apply. See your wireless service provider for pricing plan details and capabilities.

REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:

  • is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
  • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
  • is obscene or offensive; endorses any form of hate or hate group;
  • defames, misrepresents or contains disparaging remarks about Sponsor, other people or companies;
  • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
  • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
  • contains look-alikes of celebrities or other public or private figures, living or dead;
  • communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
  • violates any law.

Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that they and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Sweepstakes and to its use as otherwise set forth herein.

By submitting an Entry, entrant hereby grants permission for the Entry to be posted on www.StraightTalk.com or other websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance.

RANDOM DRAWING: At the conclusion of the Sweepstakes Period, five (5) potential winners will be selected in a random drawing from all eligible Entries received throughout the Sweepstakes Period. Odds of winning a prize depend on the number of eligible Entries received.

WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes. Potential winners will be notified via direct message or comment on TikTok or Instagram or email and will be asked to respond and provide their full name, telephone number (including area code), date of birth, and email address. Potential winners may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within three (3) business days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by a potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to an alternate winner. In the event a winner is at least 18, but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.

PRIZES (5): One (1) $500 Visa gift card and one (1) Straight Talk $45 Silver Unlimited 30-Day Prepaid Plan Calling Direct Top Up. Approximate Retail Value (“ARV”) of each Prize: $545.

Gift cards are subject to certain terms and conditions as specified by issuer. All prize details are at the sole discretion of the Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No substitution, transfer, or cash equivalent of prize is permitted, except by Sponsor, which reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Any and all federal, state and local taxes on the prize, and any other costs, fees, and expenses associated with prize acceptance and use not explicitly stated herein as being awarded are the sole responsibility of the winners. Total ARV of all prizes awarded: $2,725.

GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor, Weber Shandwick, TikTok, Instagram and their respective parents, affiliates, subsidiaries, 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 any awarded prizes; and (c) to the use of their name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. 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 Sweepstakes without the prior consent of the Sponsor, which it may withhold in its sole discretion.

LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, TikTok or Instagram username, photo, video, post and biographical material including, but not limited to, all materials submitted in connection with the Sweepstakes in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, garbled, illegible or postage-due mail, Entries, 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, posts, replies, the announcement of the prizes, the incorrect uploading of the social media posts or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes (or portion thereof) and, if terminated, at its discretion, select the potential winners in a random drawing from all eligible, non-suspect Entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes 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, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Miami, Florida; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.

CHOICE OF 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 the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Florida, USA.

Winner’s NAMES: For the names of the winners (available after January 15, 2023), send a self-addressed, stamped, envelope by February 15, 2023 to: Tracfone #StraightTalkHolidayCard Sweepstakes Winners, Weber Shandwick, 875 N. Michigan Avenue, Suite 2400, Chicago, IL 60611

SPONSOR: TracFone Wireless, Inc., 9700 Northwest 112th Avenue, Miami, FL 33178.