Belk 2020 Halloween Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY INSTAGRAM OR FACEBOOK.

  1. Overview and Sponsor: The “Belk 2020 Halloween Contest” (the “Contest”) is sponsored by Belk, Inc., 2801 W. Tyvola Road, Charlotte, NC 28217 (“Sponsor”). Sponsor will conduct the Contest from October 26, 2020, to October 31, 2020. Entrants who meet the eligibility requirements may enter as described in Section 5 “How To Enter”, and Sponsor will select a first, second and third place winner from among all eligible entries received.

  2. Eligibility Requirements:The Contest is open only to legal residents of the United States who are at least eighteen (18) years old and:

    1. If entering on behalf a child, (i) be the parent or legal guardian of that child, (ii) be a legal resident of the United States, and (iii) meet the eligibility requirements specified in subparagraphs b through d of this Section 2;

    2. Are eligible to work for any United States employer;

    3. Are not currently a candidate for public office; and

    4. Are currently residing in the fifty (50) United States (including the District of Columbia).

  3. Employees of Sponsor and any company affiliated with the Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to enter.

  4. Agreement to Official Rules: By entering this Contest, you 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.

  5. Contest Period: The Contest begins at 12:01 a.m. ET on October 26, 2020, and ends at 11:59 p.m. ET on October 31, 2020 (the “Contest Period”). Entries received before or after the Contest Period will not be eligible.

  6. How to Enter: There are two (2) possible methods of entry into this Contest. There is a limit of one (1) entry per person. Entries will not be acknowledged. During the Contest Period, submit the eligible entry as follows:

    1. Via Instagram: An Instagram account is required for this method of entry and can be opened for free by downloading the Instagram application from the Apple store or Google Play. Entrants must have their account settings set to public and be a follower of the Belk account at @belk. To enter, during the Contest Period, via an Instagram account, a web-enabled mobile device (e.g., iPhone/iPad/iPod Touch, Android, etc.) (each, an “Eligible Device”), and Internet access is required for entry. If you do not already have an Instagram account, visit http://www.instagram.com/ to create one.  Please note that you must agree to comply with the Instagram Terms of Service (http://instagram.com/legal/terms/) in order to create your Instagram account.  It is free to create an account.  To enter, during the Contest Period, you must post a picture of entrant in a Halloween costume. Your picture must tag @belk and include the hashtag #BelkCostumeChallenge2020.

    2. Via Facebook: A Facebook account is required for this method of entry. If you do not already have a Facebook account, visit www.Facebook.com to create one. Please note that you must comply with the Facebook terms and conditions and privacy policy in order to create such an account. It is free to create an account. During the Contest Period, visit the Dunkin’ Facebook page (https://www.facebook.com/Belk). To enter, during the Contest Period, once at the Belk Facebook page, you must post a picture of entrant in a Halloween costume. Your picture must tag Belk and include the hashtag #BelkCostumeChallenge2020.

  7. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. You understand that you are providing your information to Sponsor, and not to Instagram or Facebook. By participating in this Contest, each entrant will be subject to the Instagram and Facebook Terms and Conditions (http://instagram.com/legal/terms/), (https://www.facebook.com/terms.php) and Privacy Policy (https://help.instagram.com/519522125107875),  (https://www.facebook.com/about/privacy). Please read these terms and policies before entering.

  8. Entrant’s Warranties and Representations: By submitting an entry and using the hashtag #BelkCostumeChallenge2020 in your post, entrant warrants and represents that (a) the information contained therein is true, accurate, current, and complete; (b) if any information contained therein changes, entrant will inform and update Sponsor; (c) entrant has the right to grant the rights described in the “Sponsor’s Right to Entries” section below; (d) entrant owns all rights to the entry 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 Entries” section below; and (e) the entry complies with all requirements of these Official Rules.

  9. Sponsor’s Right to Entries: By participating, entrant (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 an entry (collectively, the “Entry Content”) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from entrant or any other third party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of the Entry Content, or require any further permission for Sponsor to use the Entry Content; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the Entry Content, or any derivative works, infringes any of entrant’s or entrant’s child’s (as applicable) rights, including, without limitation, copyrights, trademark rights, and moral rights.

  10. Winner Selection Process:

    1. Judging: After the Contest Period, Sponsor will evaluate all entries and select three (3) potential winners based on the following criteria: (i) unique costume, (ii) inspiration, (iii) skill, (iv) design, (v) fit with Sponsor’s brand and image, and (vi) meet with all entry requirements set forth below (“Entry Requirements”). Any entry that, in Sponsor’s judgment, violates the following criteria will be disqualified. Each entry must:

      • Not have been previously published by any third parties in print, digital or any other format;

      • Not include images or text that is obscene, pornographic, libelous, illegal, discriminative or otherwise objectionable;

      • Not include any corporate logos or other material that may infringe on any third parties’ copyrights or trademarks; and

      • Not be submitted using photographs that have been digitally enhanced or altered (other than using Instagram or Facebook filters).

    2. Sponsor reserves the right to disqualify any Entry in the Contest if it deems the Entry to be lacking in taste, quality, or to be otherwise objectionable. The odds of being selected depend on the number of entries received and the relative performance of each entrant.

    3. Background Check: Sponsor will conduct background checks on all potential winners. By submitting an Entry, entrant agrees to (a) submit to a background check, in accordance with applicable laws, and execute all documents required by Sponsor in connection with such background check; (b) submit entrant to a background check in accordance with applicable laws, and execute all documents required by Sponsor in connection with such background checks; (c) authorize Sponsor to secure information about entrant from any current or former employers, associates, family members, educational institutions, government agencies, credit reporting agencies, and any references entrant provides or that are developed in the course of such investigation; (d) irrevocably authorize such parties to provide information concerning to Sponsor; and (e) authorize Sponsor to investigate and obtain copies of entrant’s employment records (if applicable) and governmental records, including but not limited to, any motor vehicle records, criminal records, and credit and/or consumer report(s). If a potential winner does not, in Sponsor’s sole discretion, pass the background check(s), Sponsor will select an alternate potential winner in entrant’s place according to the judging criteria.

  11. Notification and Requirements of Potential Winners: Sponsor will attempt to notify the potential winners within seven (7) business days of the date of selection. 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 entrant’s or entrant’s child’s (as applicable) eligibility to work in the United States. (Acceptable forms of proof include a valid U.S. passport, U.S. birth certificate, and valid green card or visa.) If a potential winner fails to sign and return these documents within five (5) business days, Sponsor may select an alternate potential winner in entrant’s place according to the judging criteria.

  12. Prize: The first, second, and third prize winner will receive the following, in Belk’s sole discretion:

    1. First Place: Five Hundred Dollar ($500) Belk gift card.

    2. Second Place: Two Hundred Fifty Dollar ($525) Belk gift card.

    3. Third Place: One Hundred Fifty Dollar ($100) Belk gift card.

  13. The approximate retail value of the prize is as set forth above. The Belk gift cards do not expire but are subject to all terms and conditions set forth on the gift cards or in accordance with the Belk Gift Cards Terms and Conditions (https://belk.cashstar.com/store/about/terms_and_conditions?locale=en-us). 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. Entrant may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize or prize element with another prize or prize element of equal or greater value if the prize or prize element is not available for any reason, as determined by Sponsor in its sole discretion.

  14. Privacy and Publicity: By submitting an entry, entrant consents to the collection, use, and disclosure by Sponsor of the information contained therein in accordance with Sponsor’s Privacy Policy (https://www.belk.com/customer-service/policies-guidelines/privacy-policy/). By entering the Contest and/or accepting a prize, entrant grants Sponsor and/or Sponsor’s designee the perpetual right to use entrant’s or entrant’s child’s (as applicable) name, voice, image, biographical information, photos and/or likeness, and statements for Contest, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, without notice, review, or approval, and without additional compensation, except where prohibited by law.

  15. Release, Limitations of Liability, and Indemnity: By participating, entrant agrees to release, discharge, indemnify, and hold harmless Sponsor and its affiliates, subsidiaries, parent corporations, and each of their respective officers, directors, employees, representatives, and agents (the “Released Parties”) from and against any claim or cause of action related in any way to the operation of or entrant’s participation in this Contest or the Campaign, the Entry Content, or entrant’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) printing errors; (d) errors in the administration of the Contest or the processing of entries; (e) late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, postage-due, or inaccurate entries or mail; or (f) injury or damage to persons or property. Entrant 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. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

  16. Disputes and Mandatory Arbitration: Except where prohibited, by participating in this Contest, entrant 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 entrant 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.

  17. Entrant 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.

    Entrant 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.

  18. 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) award the prizes according to the judging criteria from among all eligible entrants 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 ENTRANT OR ENTRY, SHALL NOT PRECLUDE SPONSOR LATER FROM ENFORCING THE TERM ON ANOTHER OCCASION OR WITH RESPECT TO THE SAME OR A DIFFERENT ENTRANT OR ENTRY. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT OR WINNER AT ANY TIME, IN SPONSOR’S SOLE AND ABSOLUTE DISCRETION, INCLUDING, WITHOUT LIMITATION, IF ENTRANT HAS VIOLATED THESE OFFICIAL RULES OR MISREPRESENTED ITSELF IN ANY WAY. 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. ENTRANTS WILL BE MONITORED THROUGHOUT THE PRODUCTION OF THE CAMPAIGN AND THE CONTEST PERIOD. THIS CONTEST IS SUBJECT TO FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED.

  19. Results: For a winners list (available after November 5, 2020), send a self-addressed, stamped envelope to: Senior Director, Events, 2801 W. Tyvola Road, Charlotte, NC 28217, Attn: “Belk 2020 Halloween Contest”. All requests must be received by November 30, 2020.