DWYANE WILL WIN THEM OVER -  SOCIAL COMPETITION

TERMS AND CONDITIONS

1.              The Promoter

The promoter is: Hisense USA Corporation with offices located at 7310 McGinnis Ferry Road, Suwanee, Georgia 30024. (the "Promoter").

2.              The Competition

2.1.         The title of the competition is "D-wade’s Holiday Upgrade" (the “Competition”).

2.2.         During the Competition Period (detailed below) Hisense USA will be releasing eight videos numbered Day 1 to Day 8. The videos will feature a holiday themed question requesting answer submissions from the general public via the comments.

3.              How to enter

3.1.         The Competition will run from 09.00 on Tuesday 14th December (the "Opening Date") to 24.00 on Sunday 26th December 2021[AK1]  (the "Closing Date") inclusive (the "Competition Period").

3.2.         You must have access to the Internet or a Instagram, Facebook, Twitter or TikTok account to participate in the Competition. To enter the Competition you must reply with a comment to the social post videos.

3.3.         To be entered for the Competition comment on the post on one of the social media channels (Facebook. Twitter, Instagram, TikTok) during the Competition Period.

3.4.         No purchase is necessary to enter the competition.

3.5.         By submitting a competition entry, you are agreeing to be bound by these terms and conditions.

4.              Eligibility

4.1.         The Competition is open to residents in the USA aged 18 years or over, except for: (i) employees of the Promoter or its group companies; (ii) employees of agents or suppliers of the Promoter or its group companies, who are professionally connected with the Competition or its administration; or (iii) members of the immediate families or households of (i) and (ii) above.

4.2.         In entering the Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the Competition prior to prize award.

4.3.         The Promoter will not accept competition entries that: (i) the Promotor (in its sole discretion) considers to be offensive or otherwise objectionable; (ii) infringe third party copyright or intellectual property rights or are otherwise unlawful; (iii) that promote excessive drinking, anti-social behaviour or potentially dangerous behaviour.

4.4.         The Promoter will not accept entries that are posted outside the Competition Period or which are not posted as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind. The Promoter will not accept entries which fail to or incompletely use the tags required under paragraph 3.3 above.

4.5.         There is a limit of one entry per person, per prize day. An entrant can enter all eight days of prizes.

4.6.         In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account associated with the Instagram, Facebook, Twitter or TikTok account used to participate in the Competition. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

4.7.         The Promoter reserves all rights to disqualify you, or any entry, if your conduct is contrary to the spirit or intention of the prize competition.

5.              The Prizes

5.1.         A minimum of [Eight] will be selected to win at least one of the following Prizes:

Description

Model

Movie Night Upgrade – movie night snack basket, annual Netflix subscription gift card, Dominoes voucher

n/a

NFL Upgrade – annual NFL streaming pass, Snack Gift Basket

n/a

XBOX Upgrade – XBOX Controller, Game Pass voucher, XBOX Headset

n/a

Entertainment Upgrade – Roku Streambar/Soundbar, Snack Gift Basket

n/a

Playstation Upgrade – Playstation Controller, Game Pass Voucher, Playstation Headset

n/a

NBA Upgrade – annual NBA streaming pass, Snack Gift Basket

n/a

Sound Upgrade – Hisense Soundbar, Snack Gift Basket

Hisense HS214

TV – Hisense product, Approximate Retail Value $1000

TBC

 

5.2.         Each Prize includes delivery of the Prize to an address in the USA but does not include any work or costs associated with installing the Prize at any particular location. Any other costs incurred in addition to delivery within the USA and that are incidental to receipt of the Prize are the responsibility of the winner(s).

5.3.         Prizes are subject to availability. There is no cash alternative for any Prize. The Promoter reserves the right to substitute any Prize with a prize of equal or greater value.

5.4.         The Prize awarded to each winner selected will be determined by the Promoter and is not negotiable.

6.              Judging

6.1.         The competition winners will be chosen at random from the comments across Instagram, Facebook, Twitter and TikTok by a judge.

6.2.         The Promoter will send the full names of the judge to anyone who writes within one (1) month after the Closing Date of the Competition requesting details of the judges.

7.              Selecting Winners

7.1.         The winners will be selected by the judges nominated by the Promoter on Tuesday 4th January 2022. The decision of the judges is final and no correspondence or discussion will be entered into.

7.2.         The Promoter will use reasonable efforts to contact each winner personally as soon as practicable after the winners have been selected, using Instagram, Facebook, Twitter, TikTok messaging (as appropriate). If you are selected as a winner you must respond within five (5) working days and provide all information required by the Promoter including your name and delivery address for the Prize. If you are selected as a winner and cannot be contacted or you are not available or fail to respond and to claim your prize or provide any required information, within the timeframes detailed above, the Promoter reserves the right to offer the Prize to an alternative entrant selected by the judges and you will forfeit the Prize.

8.              Announcement of the Winners

8.1.         The Promoter will publish information that indicates that a valid award of the Prizes took place. To comply with this obligation the Promoter will publish the name of the Prize winners and their winning entries on its social media channels within one (1) month after the Closing Date of the competition.

8.2.         If you object to any or all of your name being published or made available, please contact the Promoter.

9.              Ownership of and Rights to Use Competition Entries

9.1.         Except as detailed in paragraph 9.2 below, the Promoter does not claim any rights of ownership in your competition entry.  Accordingly, you will retain ownership of all copyright and other intellectual property rights (if any) in your competition entry. However, by participating on the Competition you agree that the Promoter may use your competition entry to promote the Competition and its products more generally, as detailed in paragraph 9.2 below.

9.2.         By participating in the Competition, you agree that the Promoter may, but is not required to, use and make your entry available, on its website and via its social media channels and in any other media, whether now known or invented in the future, to publicise the Competition and/ or in connection with the promotion of the Promoter's products and business more generally. You agree to grant the Promoter a non-exclusive, worldwide, royalty-free, irrevocable licence, for the full period of any intellectual property rights in your competition entry, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry for such purposes.

10.           Data Protection and Personal Data

10.1.      If you are selected as a winner, you will be asked to provide the Promoter with personal data including your full name and contact details as well as a US delivery address for the Prize. Proof of ID may also be requested. Your competition entry may also include personal data, for example, your submission may have tagged a family member or friend. If other people appear in your competition entry must make sure that they have consented to appear in your submission and that they have agreed that the competition entry may be used in accordance with these Terms and Conditions.

10.2.      The Promoter will process the personal information described above, for the purposes of administering and running the competition, arranging delivery of Prizes, announcing the winners (as detailed in Section 8) and for the purposes of using your  competition entry and as set out in paragraph 9.2.

10.3.      The Promoter may share the personal data described above with its agents and suppliers involved in running the Competition, including the Promoter's marketing agencies (Intermarketing Agency, MBA, CAA and Factory) as well as the competition judges and the Promoter's delivery company. However, the Promoter will take steps to ensure that such third parties only use the personal data for the purposes described in this section. Your competition entry may also be published and made available to the public for the purposes described in Section 9.2. 

10.4.      For further information about how the Promoter collects and processes personal data please refer to the Promoter's Privacy Policy at https://www.hisense-usa.com/privacy-policy. 

11.           Limitation of liability

By participating the Competition, you agree to release, discharge and hold harmless each of the Promoter and the social media channels (Facebook. Twitter, Instagram, Youtube, TikTok) each of their respective advertising and promotion agencies and prize suppliers, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Competition or any Competition-related activity, and/or from your acceptance, receipt, use or misuse of any prize or component thereof (including without limitation, any failure to pay applicable taxes thereon).  

12.           Disclaimers

12.1.      This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, TikTok, Microsoft, Sony, NBA, NFL or Netflix. You are providing your information to the Promoter and not to Facebook, Twitter, Instagram, TikTok, Microsoft, Sony, NBA, NFL or Netflix.

12.2.      You agree that Facebook, Twitter, Instagram, TikTok, Microsoft, Sony, NBA, NFL or Netflix shall have no liability in respect of this Competition.

13.           General

13.1.      If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.

13.2.      The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition, or these Terms and Conditions, where it becomes necessary to do so.

13.3.      This Terms and Conditions shall be governed by the law of the State of Georgia to the exclusion of any laws of any other jurisdiction, including the laws of any foreign jurisdictions, and excluding conflicts of law rules and principles.

13.4.      To the fullest extent permitted by law, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition or the awarding of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Atlanta, Georgia USA; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Competition but in no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for, and you 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.

13.5.      Any question or correspondence concerning the competition can be directed to Hisense USA Corporation, C/O Social Media Team, Intermarketing Agency, The Malthouse, Chadwick Street,  United Kingdom, Leeds, LS10 1LJ.

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