OFFICIAL ONLINE SWEEPSTAKES RULES (“OFFICIAL RULES”). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. All federal, state and local laws
and regulations apply. Void where restricted or prohibited by law. Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which shall be final and binding on all matters relating to the Sweepstakes.
ELIGIBILITY: To enter the Sweepstakes, you must, at the time of entry, (i) be a legal citizen of the 48 contiguous United States or the District of Columbia, (ii) be 18 years of age or older, (iii) be physically located in the 50 contiguous United States or the District of Columbia, and (iv) have Internet access. Sweepstakes is void where prohibited by law. The Sweepstakes and any websites, webpages, and advertisements relating thereto are intended for viewing only within the United States. Entries received from persons residing outside of the eligible geographic areas, or where restricted or prohibited by law will be disqualified. Employees, officers, and directors of H Mart Companies, Inc. (“Sponsor”), its advertising and promotion agencies, and its immediate families (parents, siblings, children, and spouses of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers, and directors, are ineligible to participate in this Sweepstakes.
HOW TO ENTER: To enter the Sweepstakes, you must sign up online with your Smart Rewards Card number. If you are not a registered Smart Rewards Card member, you will be required to create a Smart Rewards Card account. To create a Smart Rewards Card account you can do so by visiting any physical H Mart store location or by downloading the H Mart app. By signing up, you are indicating that you have read and agree to accept the terms and conditions of the online platform. Use of the online platform is governed by its terms and conditions.
Sweepstakes begins at the time the sign-up form is submitted and ends on 7/30/23 at 11:59 EST.
To enter, visit the online signup page and follow the entry requirements specified. If any entry fails to comply with any of these entry requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.
In the event of a dispute as to the identity of the entrant, the sign-up will be considered made by the authorized Smart Rewards Card account owner at the time of submission. “Authorized account owner” of an email address is the natural person in whose name the email address has been issued. A selected winner may be asked to provide Sponsor with proof that the selected winner is the registered owner of the said account. If a dispute cannot be resolved, the entry will be deemed ineligible. Use of automated devices is not valid for entry in the Sweepstakes. Sponsor may, at its sole discretion, disqualify anyone who violates the Official Rules or undermines the integrity of the Sweepstakes by using any form of automated entering or any other form of manipulation.
SUBMISSION REQUIREMENTS: Once a sign-up form is submitted, it cannot be changed, altered, or modified. The submitted information (a) may not contain any inappropriate language as solely determined by the Sponsor, (b) may not infringe upon any third party’s rights, including but not limited to copyright, patent, trademarks/tradenames/logos other than Sponsor, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous, or libelous, or portray in a false light, and (c) may not violate any law, rule, or regulation. Each entrant warrants and represents that their sign-up form complies with the conditions set forth in sub-clauses (a) through (c) above. Non-complying Submissions will be subject to disqualification.
WINNER SELECTION AND NOTIFICATION: The Sponsor will conduct a random drawing on the date
indicated in the Sweepstakes post, from among all eligible entries received during the Entry Period detailed in the post to select the winner. The odds of winning a prize depend on the number of eligible entries received during the Entry Period. The winner will be notified via the email address provided during the online signup process. The winner will have seven (7) days to respond via email, providing their name, shipping address, email address, telephone number, and birth date to confirm that they are 18 years of age or older. If any prize notification or any prize is returned as undeliverable, the prize will be awarded to an alternate winner. Prizes will be delivered in person to the authorized Smart Rewards Card account owner at their nearest H Mart store location. All notification requirements, as well as other requirements within these Official Rules, will be enforced.
PRIZE: Two hundred and fifty three (253) winners will be randomly chosen through an online generator to receive an H Mart gift certificate. The Grand Prize (1) is $1,000.00, 1st prize (2) is $500.00, 2nd prize (5) is $300.00, 3rd prize (20) is $100, and 4th prize (225) is $20. The total amount for the online sweepstakes is $10,000.00. Only one prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash, or substituted by the winner. The Sponsor reserves the right, in its sole and absolute discretion, to award a substitute prize of equal or greater value if the prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The Approximate Retail Value ("ARV") of the prize represents the Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the ARV, the difference will not be awarded in cash. Restrictions, conditions, and limitations may apply. The Sponsor will not replace any lost or stolen prize items.
This Sweepstakes is open to legal residents of eligible locations, and the prize will only be awarded and/or delivered to addresses within said locations. All federal, state, and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in the forfeiture of the prize. The winner is also responsible for all costs associated with any optional accessories ordered by the winner.
REQUIREMENTS OF POTENTIAL WINNER: Potential winner will be required to complete and return 1) an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) and 2) an IRS Form W-9 and furnish his/her social security number that will be used only for the purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required by law within seven (7) days of being notified. If a potential winner fails to sign and return the required documentation within the required time period, he/she will be disqualified, and an alternate entrant may be selected in his/her place in a random drawing of all entries received.
RELEASE: By participating in the Sweepstakes, participants agree to release, discharge, and hold harmless Sponsor from any and all injuries, liability, losses, and damages of any kind resulting from participation in the Sweepstakes or acceptance, use, or misuse of any prize including, without limitation, personal injury, death, and property damage.
TAXES: All federal, state, local, or other tax liabilities, including but not limited to income taxes or like amounts in connection with a winner’s award, acceptance, or use of a prize arising from this Sweepstakes will be the sole responsibility of each winner.
DISQUALIFICATION: If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such entrant will be disqualified. If a prize, prize documentation, or prize notification is returned as undeliverable or unclaimed, this will result in disqualification. In the event an entrant is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate potential winner will be selected via a random drawing from among all eligible entries received during the appropriate Entry Period, if time permits.
PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and the winner by accepting a Prize (defined above) grants to Sponsor and Sponsor’s affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, e-mail, city, state and biographical material in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
PRIVACY: Entry in the Sweepstakes constitutes consent to the transfer of the personal information collected from the entrant to the Sponsor for the purposes of administering the Sweepstakes, for future marketing and promotions, and for such other purposes to which entrant may consent as outlined herein or on the Sweepstakes website. All information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with the Privacy Notice of the Sponsor located at ttps://support.hmart.com/hc/en-us/articles/4408061857811-H-Mart-Privacy-Notice. More
specifically, Sponsor may collect information that you provide to enter the Sweepstakes and will use personal information you provide to enter the Sweepstakes to actually conduct the Sweepstakes.
LIMITATIONS ON LIABILITY: By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules, or any other documents required by Sponsor herein; (b) to indemnify, defend, and hold harmless Sponsor and its respective officers, directors, employees, shareholders, representatives, affiliates, and agents (collectively, the “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties, and expenses arising out of or related to any statement, action, or failure to act by entrant during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and; (c) not to sue and to hereby irrevocably and unconditionally release, waive, and forever discharge the Released Parties, from any and all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss, or any other harm resulting in whole or in part, directly or indirectly, from (i) participation in the Sweepstakes or any Sweepstakes related activity; (ii) the acceptance, possession, misuse, or use of the prizes; (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant’s name, address [city and state], biographical information, statements, voice, photograph, and/or other likeness); (iv) any malfunction or other problem with the Sweepstakes website; (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering, or announcement of any prize.
PRIZE IS AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED
(INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE). SPONSOR (INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER, WINNER’S GUEST, OR OTHER USERS OF THE PRIZES FOR ANY REASON. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Sponsor is not responsible for lost, late, stolen, misdirected, undeliverable, or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or garbled computer or telephone
transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital, or satellite malfunctions which may limit an entrant’s ability to participate. Sponsor is also not responsible for any malfunction of the entire Sweepstakes website or error in the collection, processing, or retention of entry information.
TERMINATION/ MODIFICATION OF SWEEPSTAKES: If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to terminate, modify, or suspend the Sweepstakes and to select the winner by conducting a random drawing from those eligible entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten, or harass any other entrants, Sponsor or Sponsor representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES: This Sweepstakes is subject solely to the applicable federal, state, and local laws of the United States; provided, however, that except where prohibited, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state courts located in New York; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) 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 and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the
Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New
York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oklahoma. Any action or proceeding arising from, relating to or in connection with the Sweepstakes, the prize, these Official Rules, will be brought exclusively in the federal or state courts located in New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.