Walmart’s “Food Pantry Holiday Makeover” Campaign – Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE THE CHANCE THAT YOUR SELECTED NONPROFIT WILL BE A GRANT RECIPIENT.
THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW. VOTING OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA (EXCLUDING PUERTO RICO AND OTHER U.S. TERRITORIES AND POSSESSIONS) WHO HAVE REACHED THE AGE OF THIRTEEN (13) YEARS OR OLDER.
BY ENTERING THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES.
1. DESCRIPTION OF THE PROMOTION: Walmart’s “Food Pantry Holiday Makeover” Promotion (“the Promotion”) lets people vote for the nonprofits they want to support from participating food pantries. As Sponsor of the Promotion, Walmart will distribute a total of $1.5 million to the seventy-five (75) nonprofits that get the most votes. Specifically, seventy-five (75) food pantries with the most votes will receive grants of $20,000 each.
2. PARTICIPANT ELIGIBILITY: Voting is open to all legal residents of the United States of America (excluding Puerto Rico and other U.S. territories and possessions) who have reached the age of majority in their respective state at the time of their participation. Associates and employees of Walmart and Sam’s Club (and members of their immediate families and households) and of any food bank or agency nominated to participate in this Promotion are ELIGIBLE to participate in the Promotion in the same manner as all other participants.
3. HOW TO PARTICIPATE: To participate in the voting process of this Promotion, voters must have Internet access and a valid Facebook account. Voting will take place only during the Promotion Period set out below. When providing information as part of this Promotion, the participant is providing information to Walmart and not to Facebook. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
To vote online, participants must go to walmart.com/holidaymakeover and select a participating food pantry either by (1) zip code/city/state look up or (2) looking up the name of a participating food pantry from a search box. Participants must click on the “vote” button and log into their Facebook account to complete the voting process. Participants can vote once online per twenty-four (24) hours; voting resets twenty-four hours (24) from the time the participant last voted. Note that “liking” the Walmart Facebook page or clicking the “Like” button DOES NOT count as a vote.
4. PROMOTION PERIOD: The Promotion starts at 12:01 AM EST on Dec. 2, 2014 through 11:59 PM EST on Dec. 12, 2014. Votes submitted before or after the Promotion Period will not be eligible for consideration. Walmart’s computer is the official time-keeping device for the Promotion.
On or about Dec. 15, 2014, Walmart will announce the seventy-five (75) food pantries identified to receive funding through the “Food Pantry Holiday Makeover” Promotion at www.walmart.com/holidaymakeover. Once the seventy-five (75) winning food pantries have been determined, Walmart will notify the winners and disperse the funding directly to those food pantries.
5. NOMINATION OF NONPROFITS: The food pantries that are participating in the Promotion submitted applications and were selected for participation by Walmart based on project submissions. A list of participating food pantries is posted at www.walmart.com/holidaymakeover.
6. ELIGIBILITY OF NOMINATED NONPROFITS: To be eligible to receive funding, nonprofits must be (a) organized and operated in the U.S., (b) be a nonprofit entity (subject to verification) operating a food pantry program(s) and (c) hold a current tax-exempt status under Section 501(c)(3) of the U.S. Internal Revenue Code of 1986.
7. FUNDING ACCEPTANCE: As a condition of receiving a grant, winning nonprofit recipients may be required to provide Walmart or its designee with a detailed fund allocation overview to Walmart’s satisfaction that outlines expenditure of the funds to be awarded. Funding is not transferable or assignable.
8. PUBLICITY RELEASE: Also as a condition of receiving a grant, winning nonprofit recipients agree to grant Walmart and its affiliates and licensees the right to use and publish recipient information and submissions for advertising and promotional purposes online and in print or in any other media worldwide in connection with the Promotion, without limitation and without additional compensation, except where prohibited. Walmart retains the right in its sole discretion in all matters pertaining to the eligibility and awarding of grant money, and may decline recipient eligibility based on program conditions not being met. By participating, individuals and nonprofits agree to these Official Rules, which are final and binding.
9. RECIPIENT NOTIFICATION: Walmart or its designee will attempt to contact potential recipient nonprofits by phone or email. Recipients may be verified over the telephone and may be asked to provide Walmart or its designee with valid identification and execute a declaration of eligibility and a publicity release.
In the event that any potential recipient (a) cannot be contacted directly by Walmart or its designee within seventy-two (72) hours from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, Walmart in its discretion may disqualify that nonprofit without any notice and an alternate recipient will be chosen as soon as reasonably practicable after initial recipient is determined to be ineligible. Alternate recipients are subject to all eligibility requirements and restrictions of these Official Rules.
10. LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY: Voters and recipient nonprofits agree that Walmart, its subsidiaries, agents, agencies, affiliates, franchisees, promoters, and their respective officers, directors, employees, assigns, and related persons (a) are not responsible for lost, interrupted, or unavailable network, server, or other connections, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Walmart by the deadlines stated above; (b) are not responsible for any injury or damage to any cell phone, computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (c) will not be responsible for the inability to select recipient because of equipment failure, or data storage failure; (d) are not responsible for any fees associated with, or charged by your carrier on online service provider; and (e) are released from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or in any way related to the funding, the receipt, use and/or enjoyment of the funding. In addition to the above, by participating in this Promotion, participants agree to release and hold harmless Walmart, and Facebook, Inc. and their affiliates, subsidiaries, independent contractors, related companies, and any company involved with the Promotion, and each of their respective officers, directors, employees and agents from and against any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, or participation in the Promotion, or possession, acceptance and/or use or misuse of the funding or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy.
11. MISCELLANEOUS: Walmart shall be the exclusive interpreter of these Official Rules — including but not limited to rules regarding submissions, selection of recipient, deadlines, restrictions on funding, and eligibility — and all of its decisions are final and not subject to challenge. By engaging in the Promotion (including the receipt of funding by recipient nonprofits), both voters and recipient nonprofits agree to these Official Rules. Walmart reserves the right to cancel, terminate or suspend this Promotion or any part of this Promotion should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes, corrupt or impair the security, administration, fairness and/or operation of this Promotion as determined by Walmart in its sole discretion, at which time, Walmart or its designee will select the recipients based on Walmart’s funding criteria (for more information visit www.walmartfoundation.org), which hunger fighting charitable nonprofits will receive funding. Walmart reserves the right to prohibit any voter or recipient from participating in the Promotion if, at its sole discretion, Walmart finds either to be tampering with the entry process or the operation of the Promotion, or if either repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner Walmart determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other participant or nominated nonprofit or Walmart; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Promotion in any way will be ineligible for the funding and may be prosecuted to the full extent of the law. Any failure by Walmart to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
Walmart reserves the right to correct typographical or clerical errors in any Promotion-related materials.
12. NO RECOURSE TO JUDICIAL OR OTHER PROCEDURES: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Promotion are hereby excluded, and any participant expressly waives any and all such rights. Additionally, participants agree that these Official Rules are governed by the laws of the State of Arkansas.
13. WARRANTY AND INDEMNITY: All recipient nonprofits must certify that they are the sole and exclusive owner and right holder of the submitted information and that they have the right to represent the recipient nonprofit and that none of the information provided (1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; (2) includes any personally identifiable information about any person other than the nominated nonprofit; or (3) otherwise violates applicable law. To the maximum extent permitted by law, each nominated nonprofit indemnifies and agrees to keep indemnified Walmart at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the nominated nonprofit and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each nominated nonprofit indemnifies and agrees to keep indemnified the Walmart at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which Walmart may become liable by reason of or related or incidental to any act, default or omission by a nominated nonprofit under these Official Rules, including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise.
14. ELIMINATION: Any false information provided within the context of the Promotion by the recipient nonprofit concerning identity, ownership of the content of the submission, postal address, telephone number, ownership of right or noncompliance with these rules or the like may result in the immediate elimination of recipient nonprofit in the Promotion. Walmart further reserves the right to disqualify any recipient nonprofit that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.
15. INTERNET: Walmart is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Walmart is not responsible for theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Walmart is not responsible for inaccurate transmissions of or failure to receive submission information by Walmart on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of Walmart. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, disruption or termination of the Promotion Site for any reason or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Walmart reserves the right at its sole discretion to immediately cancel, terminate, modify or suspend the Promotion. Walmart reserves the right to select recipients from eligible submissions received as of the termination date. Walmart further reserves the right to disqualify any individual who tampers with the submission process. Caution: Any attempt by either a voter or and recipient nonprofit to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Walmart reserves the right to seek damages from either to the fullest extent of the law.
16. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect.
17. RECIPIENT LIST: For a list of the winning nonprofit recipients’ names, visit: www.walmart.com/holidaymakeover on or after Dec. 15, 2014. This list will be available for a period of at least 30 days.
18. SPONSOR: The Sponsor of this Promotion is Wal-Mart Stores, Inc., 702 Southwest 8th Street Bentonville, AR 72716.