Walmart PLUS UP CONTEST

TERMS AND CONDITIONS

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state regional, provincial, and local laws, regulations, and ordinances. Contest begins on September 18, 2020 at 12:00:01 a.m. Eastern Time ("ET") and ends on October 9, 2020 at 11:59:00 p.m. ET (the "Contest Period"). Sponsor’s computer is the official time keeping device for this Contest. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, INC., YOUTUBE, LLC., OR TIKTOK.

  1. ELIGIBILITY: The WALMART PLUS UP CONTEST (the "Contest") is open to legal U.S. residents currently residing in any of the 50 U.S. states or the District of Columbia who are eighteen years of age (nineteen years of age in Alabama and Nebraska, twenty-one years of age in Mississippi) or older as of the date of entry. Walmart® ("Sponsor"), its subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers and each of their employees, officers, and directors (collectively, the "Contest Entities"), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes Nominator’s full and unconditional agreement to these Official Rules and to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Contest and which Sponsor and Administrator may decide in its/their sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Both Nominator and Nominee must meet all eligibility requirements.
  2. SPONSOR: Walmart Inc., 702 S.W. 8th Street, Bentonville, AR 72716. ADMINISTRATOR: Merkle, Inc., 7001 Columbia Gateway Drive, Columbia, MD 21046
  3. HOW TO ENTER: During the Contest Period, you ("Nominator") may nominate yourself or a third party ("Nominee") (Sponsor may also nominate Nominees) to win the Ultimate Plussed-Up Experience (the "Prize") by uploading either (a) a video, (b) a photo and caption or (c) a caption (either, the "Entry Submission" or the "Submission"), which follows the Theme and Submission Requirements (both described below), to one of the following social platforms:

    1. Walmart’s Facebook Page at (https://www.facebook.com/walmart);
    2. Instagram;
    3. TikTok;
    4. YouTube;
    5. Twitter

    Your Entry Submission must include the hashtags #WalmartPlusUp and #contest and your social platform account must be set to the “public” setting in order to participate in the Contest. You must provide all required information to be eligible to enter and win. If you do not have an account on Facebook/Instagram/TikTok/YouTube/Twitter, you can get one for free by going to the social platform’s website. (For Facebook: www.facebook.com; for Instagram, www.instagram.com; for TikTok: www.tiktok.com; for YouTube: www.youtube.com; for Twitter www.twitter.com.) Upon uploading your video, photo with caption or caption, you will automatically be entered with one (1) entry into the Contest.

    Agreement to Official Rules: Participation in this Contest constitutes participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. In order for your Submission to be considered, the video, photo/caption or caption must be posted to social media in accordance with the above instructions. Submissions posted after the Entry Period will not be considered.

    Please note: By entering in this Contest, you signify and agree that your Entry Submission and any other materials submitted in connection with this Contest may be posted on Sponsor’s website and/or other social media sites or applications associated with the Contest in a manner that is consistent with these Official Rules. Upon submission of entry in this Sweepstakes, you agree that Sponsor may contact you via social media, including on Facebook, Instagram, TikTok, Twitter or YouTube by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. You must comply with all relevant social platform terms and conditions, including YouTube’s Community Guidelines and Privacy Policy.

    By uploading the Submission, Nominator agrees that the Submission conforms to Video/Photo and Caption Guidelines and Content Restrictions (below) and other entry requirements provided below (collectively, the "Submission Requirements"). Sponsor and/or Administrator, in their sole discretion, may remove or reject the Submission and disqualify the Entrant from the Program if it believes that the Submission fails to conform to the Submission Requirements, or that Nominator or Nominee has failed to confirm with these Official Rules in any way.

    Submission Requirements:

    Theme: Walmart+ is reviving events that 2020 cancelled by "plussing up" some customers’ most missed moments, making them bigger and better than before. Tell us what got cancelled in your 2020 and why you or your nominee deserves a #WalmartPlusUp experience.

    Caption Guidelines:

    • Caption must not exceed [250] words and five hundred (500) characters; and
    • Caption must be in English or Spanish.

    Photo and Video Guidelines:

    • Video must be in English or Spanish.
    • Video may be no longer than 60 seconds long.
    • Photo/video must not include third parties who have not provided consent (in writing) to be included in photo/video. Nominator must provide written consent upon request of Sponsor.
    • Photo/Video must include #WalmartPlusUp and #contest,
    • Photo/video must conform to requirements of social platform on which it is posted.

    Content Restrictions:

    • Submission must be original and created for the Contest, cannot have previously been submitted for another Contest or Award, and it cannot be submitted as an entry more than once; if duplicate submissions are made, both will be disqualified, in Sponsor’s and/or Administrator’s discretion
    • Submission must not contain material that violates or infringes another’s rights including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
    • Submission must not contain brand names or logos other than those owned by Sponsor, which Entrant has a limited license to use to incorporate in his/her Submission in this Program; the Submission cannot contain other trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and works of art or images published via websites, television, movies or other media) owned by others, without permission;
    • Submission must not contain any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than a participant;
    • Submission must not communicate messages or images inconsistent with the positive image and good will of Sponsor’s brand;
    • Submission must not disparage, misrepresent, or defame Sponsor or any other company, person or party affiliated with the Contest;
    • Submission must not contain material that is inappropriate, indecent, sexually explicit or suggestive, offensive, lewd, profane, obscene, pornographic, or contains nudity, or is hateful, tortious, defamatory, or libelous;
    • Submission must not contain, depict or show any content that promotes any activities that may appear unsafe or dangerous, or any political agenda or message;
    • Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
    • Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state.

    Any Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Contest Entities or any third party social media site; and/or that violate these Submission Requirements and/or the terms of these Official Rules will be disqualified. Nominator is responsible for all costs and expenses associated with Submission and should only submit videos produced by Nominator on his/her own. By entering in the Contest, the Nominator represents and warrants that the Submission conforms to the Guidelines and Content Restrictions provided above. Sponsor and/or Administrator, in their sole discretion, may remove or reject the Submission and disqualify the Nominator and Nominee from the Contest if they believe that the Submission fails to conform to the restrictions. All entries become the property of Sponsor when submitted and will not be acknowledged or returned to the relevant Entrant.

    LIMIT: ONE [1] ENTRY SUBMISSION PER PERSON. Submissions received from any person or email address in excess of the stated limit will be void. Submissions must be submitted by the Nominator. No copies, facsimiles, mail-ins or mechanical reproductions of the entry form will be accepted. Any attempt by any participant to obtain more than the stated number of nominations by using multiple and/or different identities, email addresses, social accounts, logins, or any other methods will disqualify that participant’s plays and/or entries, and that participant and/or entries may be disqualified. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes Nominator’s consent to give Sponsor and its designees, a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. Multiple participants are not permitted to share the same email address or social account. In the event of a dispute as to any submission, the authorized account holder of the email address used to enter will be deemed to be the nominator. 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. Each Nominator may be required to show proof of being an authorized account holder. Submissions specifying an invalid, non-working, or inactive email address for the Nominator or Nominee will be disqualified. Incomplete, illegible, corrupted, or untimely entries will be disqualified. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

  4. SELECTION OF WINNERS: Sponsor, together with Administrator, will select from all of the eligible submissions received by October 9, 2020, the names of ten (10) potential winning Nominees (the "Semi-Finalists") for each prize experience. From this list of Semi-Finalists, the five (5) prize potential winning Nominees ("Winners") will be selected. Semi-Finalist and Winner selections will be determined according to the process set forth below.

    1. Semi-Finalist Selection: Submissions will be screened and considered by a panel of media partners selected by Sponsor to ensure that the Submissions fall within the parameters under the Guidelines and Restrictions and to select up to ten (10) Semi-Finalist submissions for each prize experience by applying the following Judging Criteria:
      1. Quality of Submission (25%)
      2. Relevance to theme/prize package (25%)
      3. Uniqueness of story (25%)
      4. Entertainment/Engagement quality (25%)
    2. Winner Selection: The Semi-Finalists will then each be interviewed by Sponsor, together with media partner, with interviews to be completed by no later than October 21, 2020. The Semi-Finalist Interview results and Submissions will then be presented to a Finalist judging panel ("Judging Panel"), which shall be made up of media partners selected by Sponsor.

      Applying the following Judging Criteria, the Judging Panel will select five (5) potential winners ("Winners"):
      1. Quality of submission (20%)
      2. Relevancy to theme/prize package (20%)
      3. Uniqueness of story (20%)
      4. Entertainment/Engagement quality (20%)
      5. Interview (20%)

    The potential Winners will be notified by email on or about October 23, 2020. Except where legally prohibited, each potential Winner must sign and return, within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential Winner cannot be contacted in person via email after the first attempt to contact him/her, or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release or any other documentation that Sponsor may require, in its sole discretion, within the required time period (if applicable), or in the event that potential Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected from among all remaining eligible entries. If Sponsor is unable to determine and verify a potential winner after repeated alternate selections or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award all prize(s). Sponsor reserves the right to award any prize to Sponsor Nominee.

    Verification and Screening of Potential Winners: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE CONTEST A NOMINEE is not a winner of any prize unless and until NOMINEE’s eligibility HAS been verified and NOMINEE has been notified that verification is complete.

    Background Check. Sponsor and each of its agents and representatives reserves the right to conduct background checks of any and all records of Nominator, Nominee, and any individual appearing in any Submission Submitted Material, including without limitation civil and criminal court records and police reports, to confirm eligibility. Sponsor may also take all steps necessary to corroborate any information provided by any potential Winner. To the extent necessary under the law, potential Winner agrees to authorize such background checks to confirm such eligibility. To that end, potential Winner agrees to provide necessary contacts and other information so that Sponsor may conduct such investigations. Potential Winner acknowledges and agrees that he/she/they may be disqualified from participation based on the results of the background check and/or refusal to cooperate with such background check.

  5. PRIZES:
    There are five (5) prizes packages ("Prizes") that will be awarded in the Contest. One (1) Winner will be awarded each Prize, which Sponsor will deliver on a date to be arranged with the winner of that prize.

    1. Wedding
      Sponsor will award an ultimate wedding re-do! Since Walmart+ helps you get more out of life, we’ll take the rescheduled wedding to the next level. We’ll bring in high quality digital video camera equipment and projectors to connect those closest to the couple. We’ll work with a celebrity party planner to design the space and partner with a well-known chef to create a delicious menu ordered through Walmart+. Sponsor will award a couple a wedding event.
      Approximate Retail Value ("ARV"): $10,000
    2. Birthday:
      Sponsor will create a socially distant celebration for someone who had to cancel their birthday event. We’ll work with an expert party planner to reimagine a local outdoor space (e.g., backyard, park) for a safe social distance soiree. We will order all the party supplies (e.g., plates, cups, decorations, strings of light, streamers, balloons) to transform this space into a magical party experience, along with outdoor chairs, seating, and tables for guests to be appropriately spaced out. We will include frames, screen, and projectors to share key memories of this special birthday celebrant during the bash.
      ARV: $10,000
    3. Quinceanera:
      Sponsor will give one lucky girl a dream Quinceanera event. We’ll set the experience in a beautiful location and bring in an expert planner to transform the space. We’ll provide the full party look with glam and a selection of dresses, along with a professional photoshoot. We’ll coordinate a drive-by ‘court’ parade celebration of her family and friends and have a special surprise musical guest.
      ARV: $10,000
    4. Homegate:
      Sponsor will give lucky person a "homegate" experience inspired by their favorite teams – just in time for the Big Game! We’ll create an over the top home-gating experience with indoor or outdoor furniture (pending winner’s location), TV set-up with surround sound & other game day goods!
      ARV: $10,000
    5. Vacation:
      Sponsor will give one lucky person with cancelled travel plans a magical at-home vacation experience complete with authentic food and décor based on the location they planned to visit.
      ARV: $10,000
    PRIZE CONDITIONS AND RESTRICTIONS:
    1. Winner must allow Sponsor to film the prize and/experience delivery and use the video and/or pictures taken on Walmart-owned channels, as well as to share the video with its Paid Partners (as further described below).
      1. Winner must be available to shoot during designated production dates and in specified locations.
      2. Winner may be required to film in their home with a small crew.
      3. Winner must adhere at all times to state and local Covid-19 safety measures and pre-screening guidelines, as well as Walmart safety requirements.
      4. Winner and family members/guests must sign all releases and other documentation and undergo any background checks required by Sponsor before being allowed to appear in any shoot.
      5. Winner must grant Sponsor and Paid Partners (including Discovery Inc.) a royalty-­‐free, worldwide license and right to publish, display, reproduce and otherwise use Winner’s name, image, likeness, voice, performance, official social media handles, approved nicknames, approved biographical materials, approved statements, approved testimonials, and other approved indicia (collectively, "Likeness"), to edit, use, publicly display, distribute, and share the video content on Sponsor’s and Paid Partners’ website, opt-in email newsletter, owned and operated social media platforms, and includes the ability to whitelist posts for paid media.
    2. In the event that Winner or any family member/guest engages in behavior during shoot that (as determined by Sponsor or its Paid Partners in their sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the experience or shoot with no further obligations or compensation whatsoever to Prize winner and/or family or guest(s) of Winner (which may, in Sponsor’s sole discretion, result in such winner’s disqualification from the Contest and forfeiture of any (and/or all) prize(s)). In the event Prize winner or family/guest(s) engage(s) in behavior that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Prize winner or family/guest(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Prize winner or family/guest as a result of such conduct. SPONSOR OR ANY SUCH PAID PARTNERS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF WINNER’S OR FAMILY MEMBER’S/GUEST’S ACCEPTANCE OR USE OF THE PRIZE.

      Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its discretion. Sponsor will not replace any lost or stolen prizes or components of prizes. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

    3. A cash alternative of $10,000 will be offered at the sole discretion of the Sponsor.
  6. GENERAL CONDITIONS: Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions, or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

    WARNING: ANY ATTEMPT BY A NOMINATOR OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website(s), and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.

    Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment.

  7. LIMITATION OF LIABILITY AND RELEASES; PUBLICITY: BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT CONTEST ENTITIES, DISCOVERY COMMUNICATIONS, LLC, MEREDITH CORPORATION, FACEBOOK, INSTAGRAM, TIKTOK, YOUTUBE AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE "RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURANCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

    EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR AND/OR ANY PAID PARTNER (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

    BY SUBMITTING AN ENTRY, NOMINATOR AGREES THAT SUCH SUBMISSION, IDEAS, NOTES, CONCEPT, PHOTOS OR OTHER MATERIALS ("MATERIALS") THAT NOMINATOR MAY SUBMIT TO SPONSOR OR POST TO THE SOCIAL MEDIA PLATFORMS IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE, BY ELECTRONIC MAIL OR BY SOME OTHER MEANS, WITH THE EXCEPTION OF PROTECTED PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN SPONSOR’S PRIVACY POLICY, AVAILABLE AT HTTP://WWW.WALMART.COM/PRIVACY, SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH MATERIALS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE MATERIALS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO NOMINATOR OR ANY THIRD-PARTY. PARTICIPANT HEREBY GRANTS TO THE SPONSOR and its legal representatives, successors and assigns, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE IN PERPETUITY THE MATERIALS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE MATERIALS PARTICIPANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. NOMINATOR WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE MATERIALS, AND AGREES THAT IF SPONSOR ELECTS TO USE MATERIALS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO NOMINATOR’S MATERIALS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. NOMINATOR FURTHER AGREES THAT IF SPONSOR ELECTS TO USE NOMINATOR’S MATERIALS, NOMINATOR WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT.

    Nominator acknowledges that Sponsor has no obligation to use the submitted Materials or any Likeness, and agrees no further approval is required for Sponsor to use any submitted Materials or Likenesses, that no further consideration will be due for Sponsor’s use of the submitted Materials or Likenesses, and that Sponsor will not be liable for any distortion or illusionary effect resulting from the exhibition, publication or broadcast of the submitted Materials or Likenesses. It is agreed that all results and proceeds derived from Sponsor’s use of the submitted Materials or Likenesses are the sole and absolute property of Sponsor in perpetuity and Sponsor has the unlimited right throughout the universe to edit, modify, and otherwise use such Materials.

    WITHOUT LIMITING THE FOREGOING, AND WITH THE EXCEPTION OF ANY WARRANTIES, EVERYTHING REGARDING THIS CONTEST, INCLUDING ALL PRIZES, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  8. INDEMNITY. IF ANY USE BY THE RELEASED PARTIES OF MATERIALS CAUSES ANY ONE OR MORE OF THE RELEASED PARTIES TO BE LIABLE TO ANY THIRD PARTY, NOMINATOR AGREES TO INDEMNIFY THE RELEASED PARTIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF SUCH USE OF MY MATERIALS.
  9. DISPUTES: This Contest is governed by the laws of the United States. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Arkansas and/or the appropriate State Court located in Benton County, Arkansas (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest not to exceed fifty US Dollars (USD$50.00), but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant 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 participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Arkansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Arkansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arkansas.
  10. PRIVACY/PERSONAL INFORMATION: Except as otherwise specifically provided herein, information collected from participants is subject to the Sponsor’s Privacy Policy, which can be found at http://www.walmart.com/privacy. Sponsor may disclose any information contained within or derived from the Entry Submission and related Materials to third persons connected with the Campaign as well as to its agents and representatives as well as information collected in connection with the Campaign about participant’s background, personal views, and opinions (collectively, "Personal Information"). Sponsor will receive the Personal Information and may reveal such Personal Information to third parties in connection with the Campaign and the applicant hereby releases, discharges, and holds harmless the Released Parties from any and all claims and damages arising from such compilation or disclosure of Personal Information. Contest Entities may use participants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.
  11. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit www.walmartplusup.com. For a list of winners available after Oct. 31, 2020, send a self-addressed, stamped envelope for receipt by Nov. 15, 2020 to: Amanda Mulligan, Walmart Inc., 702 SW 8th St, Bentonville, AR 72716.

Copyright ©2020 Walmart, Inc. Walmart® is a registered trademark of Walmart, Inc. in the United States and abroad. All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.