Belk November 2020 Charity Day Contest Official Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Overview and Sponsor: The “Belk November 2020 Charity Day Contest” (the “Contest”) is sponsored by Belk, Inc., 2801 W. Tyvola Road, Charlotte, NC 28217 (“Sponsor”). Sponsor will conduct the Contest from 12:01 a.m. ET on October 23, 2020, and ends at 11:59 p.m. ET on November 15, 2020. Applicants who meet the eligibility requirements may enter by completing the charity registration located at https://belk.donately.com/signup.html, and Sponsor will select one (1) winner from among all eligible registrations received.
Eligibility Requirements: Subject to the additional restrictions below, the Contest is open only to Nonprofits (as hereinafter defined). For the purposes of these Official Rules, a “Nonprofit” is any entity that has their 501(c)(3) designation from the IRS and is physically located in the following states: Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia (the “Belk Footprint”). Entrants must be 21 years or older at the time of entry and legal residents of the United States (excluding Puerto Rico). Employees or representatives of Sponsor and their advertising agencies, including their immediate families, are not eligible to enter on behalf of Nonprofits. Sponsor will not be responsible for late, misdirected, or lost entries or for any computer, online, telephone, or technical malfunctions that may occur. The authorized account holder of the email address and the entrant must be the same person. 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. All entries become the property of Sponsor and will not be returned to entrant. Potential winner may be requested to provide proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
Agreement to Official Rules: By entering this Contest, Nonprofits agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all matters pertaining to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Contest Period: The Contest begins at 12:01 a.m. ET on October 23, 2020, and ends at 11:59 p.m. ET on November 15, 2020 (the “Contest Period”). Nonprofit registrations received before or after the Contest Period will not be eligible.
How to Enter: During the Contest Period, visit https://belk.donately.com/signup.html, follow the instructions to complete a registration, and submit it online https://belk.donately.com/signup.html. There is a limit of one (1) registration per Nonprofit. Registrations will not be acknowledged.
Entrant’s Warranties and Representations: By submitting a registration, Nonprofit warrants and represents that (a) the information contained therein is true, accurate, current,and complete; (b) if any information contained therein changes, Nonprofit will inform and update Sponsor; (c) Nonprofit has the right to grant the rights described in the “Sponsor’s Right to Registrations” section below; (d) Nonprofit own all rights to the registration and the information contained therein, and the consent of no other person, firm, corporation, or other entity is required to enable Sponsor to exercise the rights described in the “Sponsor’s Right to Registrations” section below; and (e) the registration complies with all requirements of these Official Rules.
Sponsor’s Right to Registrations: By participating, Nonprofit (a) hereby grants to Sponsor a perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, create derivative works based on, distribute, display, perform, and otherwise use any information and materials (including photographs and/or videos) submitted as part of a registration (“Registration Content”) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from Nonprofit or any other party; (b) forever waives any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of Nonprofit’s Registration Content, or require any further permission for Sponsor to use the Registration Content; and (c) agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the Registration Content, or any derivative works, infringes any of Nonprofit’s rights, including, without limitation, copyrights, trademark rights, and moral rights.
Winner Selection Process: After the Contest Period, Sponsor will evaluate all registrations and select one (1) potential winner based on the following criteria: (a) Nonprofit’s eligibility under Section 2 – Eligibility Requirements; and (b) Nonprofits who sell the most on-line tickets at https://belk.donately.com/signup.html for the Belk Charity Sale occurring on November 13, 2020 – November 15, 2020. Tickets sold in-store are not eligible for purposes of this Contest. The odds of being selected depend on the number of registrations received and the relative performance of each Nonprofit.
Notification and Requirements of Potential Winners: Sponsor will attempt to notify the potential winner within seven (7) business days of the date of selection by email or by phone. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and a liability/publicity release, as well as provide proof of Nonprofit’s 501(c)(3) status in the United States. If a potential winner fails to sign and return these documents within five (5) business days, Sponsor may select an alternate potential winner in the Nonprofit’s place according to the judging criteria.
Prize: One (1) Nonprofit winner will receive a donation in the amount of Five Thousand and No/100 Dollars (5,000.00) dollars. A winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion. A prize may not be transferred and must be accepted as awarded.
Release, Limitations of Liability, and Indemnity: By participating, Nonprofit agrees to release, discharge, indemnify, and hold harmless Sponsor and its affiliates, subsidiaries, parent corporations, and each of their respective officers, directors, employees, representatives (the “Released Parties”), and agents from and against any claim or cause of action related in any way to the operation of or Nonprofit’s participation in this Contest, the Registration Content, or Nonprofit’s receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to related to computers, servers, providers, or telephone or network lines; (c) errors in the administration of the Contest or the processing of registrations; (e) late, lost, delayed, incomplete, misdirected, stolen, or inaccurate on-line registrations; or (f) injury or damage to persons or property. Nonprofit further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorneys’ fees. Nonprofit waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Disputes and Mandatory Arbitration: Except where prohibited, by participating in this Contest, Nonprofit agrees that the Contest is governed by, and will be construed in accordance with, the laws of the State of North Carolina, and the forum and venue for any dispute shall be in Charlotte, North Carolina. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of any Nonprofit and/or Sponsor, shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to conflict of laws principles. If any provision(s) of these Official Rules shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Nonprofit and Sponsor agree that, if the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association, in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in the State of North Carolina.
Nonprofit also agrees that (a) the statute of limitations for asserting any claims shall be a period of one (1) year from the end date of the Contest Period; and (b) any and all disputes, claims, and causes of actions arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action.
General Conditions: In the event the operation, security, or administration of the Contest is impaired in any way for any reason, Sponsor may in its sole discretion either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official rules; or (b) aware the prize according to the judging criteria from among all eligible Nonprofits received up to the time of the impairment. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES ON ONE OCCASION, OR IN CONNECTION WITH A PARTICULAR NONPROFIT OR REGISTRATION, SHALL NOT PRECLUDE SPONSOR LATER FROM ENFORCING THE TERM ON ANOTHER OCCASION OR WITH RESPECT TO THE SAME OR A DIFFERENT NONPROFIT OR REGISTRATION. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY NONPROFIT OR WINNER AT ANY TIME, IN SPONSOR’S SOLE AND ABSOLUTE DISCRETION, INCLUDING, WITHOUT LIMITATION, IF NONPROFIT HAS VIOLATED THESE OFFICIAL RULES OR MISREPRESENTED THE NONPROFIT IN ANY WAY, AND/OR IF THE NONPROFIT OR ITS EMPLOYEES OR REPRESENTATIVES DO NOT CONDUCT OR REPRESENT THEMSELVES IN A MANNER THAT BEST REPRESENTS SPONSOR. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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. ENFORCEMENT OF THESE RULES SHALL BE AT SPONSOR’S ABSOLUTE DISCRETION. NONPROFITS WILL BE MONITORED THROUGHOUT THE CONTEST AND THE CONTEST PERIOD. THIS CONTEST IS SUBJECT TO FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED.
Results: For the name of the winner (available after November 19, 2020), send a self- addressed, stamped envelope to: Community Relations, 2801 W. Tyvola Road, Charlotte, NC 28217, Attn: “Belk November 2020 Charity Day Contest.” All requests must be received by December 31, 2020.