Win Your Transaction Contest Official Rules
This contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
1. Eligibility: Beretta Win Your Transaction contest (the “Contest”) is open only to legal US residents who are at least eighteen (18) years old at the time of entry. Employees of Beretta USA (“Main Sponsor”), and the parent, subsidiary, and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void in the state of Rhode Island, New York and where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Main Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Eligibility Dates: Contest begins on April 26, 2019 12:01 a.m. Eastern Time (“ET”) and ends on April 28, 2019 at 11:59 p.m. ET (the “Contest Period”). Administrator’s computer is the official time keeping device for this Promotion.
3. How to Enter: During the Contest Period, contestants will have two methods of entry:
a) Contestants are automatically entered each time they successfully complete a transaction for a purchase on BerettaUSA.com; transaction confirmation email is a contestant’s proof of entry, if contestant has selected this method of entry;
b) Contestants can also enter by visiting https://www.berettausa.com/en-us/19NFT and fill out the online entry form to be entered in the daily drawing;
All potential winners are subject to verification before any prize will be awarded. No purchase is required and purchase does not enhance chances of winning. No other entry method is allowed.
4. Limit: Each participant has unlimited available entries during contest time. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration or play, the authorized account holder of the Instagram account used to enter will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address, connected to the winning Instagram account. Potential winners may be required to show proof of being the authorized account holder.
5. Promotion Drawing: Main Sponsor will use an electronic method to randomly choose one winner from all registrants.
Promotion: Main Sponsor will randomly select three (3) Prize Winners, by randomly selecting one (1) contestant for each Contest Period day, among all eligible entries received on each of the Contest Period days. Winners will be notified by email on the email account used to enter Contest and are required to reply within two (2) calendar days of their acceptance. Failure to reply within two (2) days will constitute forfeiture of the prizes. Sponsor reserves the right to select an alternative winner if originally-selected winner becomes ineligible or otherwise forfeits prize according to the official rules of this sweepstakes.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY MAIN SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. MAIN SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
7. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) (except where prohibited), which must be received by Main Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to claim his/her prize (if applicable). If a potential winner cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, such potential winner forfeits the prize. In the event that the potential Prize Winner is disqualified for any reason, Main Sponsor reserves the right to award Prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules.
8. Prizes: Winner will receive a gift card valid for purchases on BerettaUSA.com. The gift card will have a validity of 6 months, after which period the remaining value will be forfeited unless otherwise required by the laws applicable to the Contest Winner’s State of residence. Gift card will be delivered to the Contest Winner’s email address, as provided by Contest Winner at the time of entry. The value of the gift card depends upon the method of entry:
a) if Contest Winner entered following the method set forth in par. 3, point a) of this document, Contest Winner shall receive a gift card in the value of the Contest Winner’s transaction randomly selected during the drawing, net of any taxes, shipping and discounts applied to the transaction;
b) if Contest Winner entered following the method set forth in par. 3, point b) of this document, Contest Winner shall receive a gift card in the value of $100.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Main Sponsor’s sole discretion. Main Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason
Value of this contest varies depending on each Contest Winners’ method of entry.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Beretta USA, and their respective parent, subsidiary, and affiliate companies, suppliers, distributors, and advertising/promotion agencies, as well as each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, use, or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Main Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, including social media, worldwide, without further payment or consideration.
11. General Conditions: Main Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Main Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Main Sponsor in its sole discretion. In such event, Main Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Main Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Main Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Main Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in
the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Main Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Main Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court located in Maryland; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Main Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
15. Rules Request: For a copy of these official rules, send a legal-size, self-addressed, stamped envelope to Beretta USA Win Your Transaction – Official Rules, Attn: Digital Marketing, 17601 Beretta Dr., Accokeek, Maryland 20607, prior to the end of the Promotion Period. Vermont residents may omit return postage with Official Rules requests.
17. Main Sponsor: Beretta USA Corp. 17601 Beretta Dr. Accokeek, Maryland 20607.