DALLAS MARKET CENTER CONTEST RULES
1.OFFICIAL GENERAL CONTEST RULES:
Any individual who enters or in any way participates in any contest, sweepstakes or giveaway (“Contest”) conducted by WTC-Trade Mart 2015, L.P. dba Dallas Market Center (“DMC”) (each such individual is hereinafter referred to as a “Participant”) agrees to be bound by the terms and conditions provided in these Official General Contest Rules (“General Rules”), as well as by DMC’s interpretations of these General Rules which are final and binding in all matters relating to any Contest. Some Contests will have specific rules developed for them (“Specific Contest Rules”). In the event there is a discrepancy or inconsistency between these General Rules and the Specific Contest Rules, the Specific Contest Rules shall control.
- a.No Purchase Necessary: Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also not improve your chances of winning.
- b.Applicable Law (void where prohibited): All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
- c.Contest Cancellation, Suspension or Modification: DMC reserves the right to cancel, terminate, modify or suspend any Contest if the Contest is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of DMC to cancel, terminate, modify or suspend any Contest shall be final in all respects.
- d.Contest Descriptions: All DMC Contests will be described through electronic or print promotion and will be governed by these General Rules unless the Contest has Specific Contest Rules developed for it.
- a.Geographical, Age and Parental Consent Requirements: Unless otherwise specified, each Contest is open to registered buyers of the DMC, who are at least 18 years of age or older at time of entry.
- b.Prize Winners: Participants who won a prize valued over $600 are ineligible to win another prize for a period of twelve (12) months. Participants who have won a DMC Contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
- c.Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering into a Contest or receiving prizes if Participant is participating in a Contest in violation of his or her employer’s policies.
- d.Contest Entity and Immediate Family Member Disqualification: The officers, directors, employees, contractors, and agents of DMC and any entity involved in the sponsorship, development, production, implementation and distribution of any Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
3. HOW TO ENTER:
- a.Methods: Contest entries may be submitted as advertised or otherwise prescribed by DMC for the Contest. Entry method includes scanning QR codes that are posted on signage around the DMC campus or advertised by DMC with other marketing channels. Each unique code scanned counts as a single entry.
- b.Entry Period: Entries must be made between 8:30am on Wednesday, January 8th, 2020 and 6pm on Tuesday, January 14th, 2020. Any entries, or “code scans,” that occur prior to or after this window will not be eligible.
- c.Entries Are the Sole and Exclusive Property of DMC: All Contest entries and/or related submissions become the sole and exclusive property of DMC upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.
- d.Disclaimer of Responsibility for Entries: DMC is not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of DMC.
- e.Multiple Entries: Multiple entries are permitted and encouraged as the more unique codes that are scanned, the more entries that are gained and the more chances there are to win.
- f.False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of DMC, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
4.SPECIFIC ENTRY-METHOD RULES:
- a.DMC Mobile App Entries: The only method of entry for this contest is if a DMC QR code is scanned within the DMC mobile application. Only codes specifically advertised by DMC are eligible for entry. The mobile application will validate each code scanned at the time of scan to determine if it is eligible for an entry. Total scans, or entries, for each participant will be displayed within their respective mobile application at all times.
- a.Selection Method: The contest will conclude at 6:01pm on January 14th, 2020. Grand prize and second tier prizewinners will be randomly selected and announced by or before January 31st, 2020.
- b.Contact Method: Winners will be contacted by the email address provided during the “Discover the 5 Senses” registration process within the DMC mobile application. This is the only method of contacting the selected winners, therefore email address must be valid to win.
- c.Contact Requirements: Contact for selected winners will be attempted up to 2 times to secure a response and acceptance of prize. If a winner is unable to be notified for any reason for any amount of time, or if the winner does not respond to any of the 2 attempts within a week of contact, the applicable prize may be forfeited and awarded to an alternate winner. In the event that DMC chooses to offer instant-win prize opportunities during the contest period, winners will be selected on a first come, first-served basis, or as otherwise specified by DMC, and must be present to win.
6.ODDS OF WINNING:
The odds of winning any Contest and/or prize will depend upon the number of Contest Participants.
No transfer, assignment or substitution of a prize is permitted, except DMC reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made for non-cash prizes.
- a.Grand Prize: One winner will be randomly selected to receive $5,000 “DMC dollars”. “DMC dollars” does not mean $5,000 in cash, but instead refers to $5,000 worth of wholesale products that are purchased from DMC permanent or temporary exhibitors.
- b.Second Tier Prizes: Five additional winners will be randomly selected to receive a complimentary 2-night hotel stay to be used during the June Total Home & Gift market, June 24th, 2020 – June 29th, 2020.
- c.Instant- Win Prizes: If instant win prizes are offered throughout the duration of the contest, DMC will communicate the details about each prize and the criteria required to win at that time. If tickets to an event are awarded as a prize, DMC is not responsible for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the event not be rescheduled or vouchers not issued.
8.HOW TO CLAIM PRIZE:
- a.Claiming the Prize: Once winners have responded to DMC to accept their prize, a DMC representative will be in contact to discuss claim logistics.
- b.Grand Prize Claim Details: $5,000 DMC Dollars can only be used to cover the business cost of wholesale product orders during the time of the June Total Home & Gift Market – June 24th, 2020 – June 29th, 2020 and with the permanent and temporary exhibitors who are leaseholders during the same timeframe.
- c.Second Tier Prize Claim Details: Complimentary hotel night stays must be booked via DMC travel and selected hotel is at DMC discretion. DMC is not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays.
- d.Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. DMC reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in DMC’s sole discretion. If applicable, winners will be required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and a Publicity Release before any prize is awarded. By entering a Contest, Participant agrees to execute these documents if selected as a winner in order to receive their prize. If the prize is travel tickets involving travel partners, the travel partners will be required to meet minimum age eligibility requirements and to execute an Affidavit of Eligibility/Release of Liability prior to receiving the companion travel ticket. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
- e.Prize Forfeiture: Contact for selected winners will be attempted up to 2 times to secure a response and acceptance of prize. If a winner is unable to be notified for any reason for any amount of time, or if the winner does not respond to any of the 2 attempts within a week of contact, the applicable prize may be forfeited and awarded to an alternate winner.
- f.Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
Prize-winners are solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to DMC and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest in publications and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose DMC and/or the Released Parties deem proper. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.
All participants agree to be bound by these General Rules. Non-compliance with any of these General Rules will result in disqualification and all privileges as a Participant will be immediately terminated. DMC, in its sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, DMC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
12.PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of DMC or other Contest Entity, DMC and the other Contest Entities are not responsible for any problems which affect, or result from, participation or attempted participation in the Contest. This includes, but is not limited to, the following problems:
- a.Incorrect, incomplete or inaccurate entry information;
- b.Human errors;
- c.Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- d.Identity theft;
- e.Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- f.Network hackers or other unauthorized access to DMC’s computer network;
- g.Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- h.Printing errors;
- i.Equipment malfunctions; and
- j.Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
13.RULES CHANGES AND INTERPRETATIONS:
DMC reserves the right in its sole discretion to supplement or make changes to these General Rules as well as the rules of any contest at any time without notice. DMC reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
14. RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering a Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE DMC, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
15.GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of Texas and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.
16.GENERAL RULES/LIST OF WINNERS:
Copies of these General Rules (as well as any Specific Contest Rules) may be obtained by sending a self-addressed stamped envelope to: DMC, Official Contest General Contest Rules (or the Specific Contest Rules), 2100 Stemmons Freeway, Dallas, Texas 75207. These General Rules may also be found at www.dallasmarketcenter.com/giveaway-terms.
For a list of any Contest winners send a self-addressed, stamped envelope to: DMC [Contest Name]’s Winners List, 2100 Stemmons Freeway, Dallas, Texas 75207.