Samsung HIMSS Step Challenge
THIS CHALLENGE IS INTENDED FOR PLAY IN THE 50 US STATES/DC ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND RESIDE IN AN ELIGIBLE STATE AT THE TIME OF PARTICIPATION. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. MULTIPLE ENTRY DEADLINES APPLY. BY PARTICIPATING IN THE SAMSUNG HIMSS STEP CHALLENGE (“CHALLENGE”), PARTICIPANT AGREES TO BE BOUND BY THESE OFFICIAL RULES, WHICH SHALL BE FINAL IN ALL RESPECTS. USE OF YOUR PERSONAL INFORMATION IS SUBJECT TO THE SAMSUNG ELECTRONICS AMERICA, INC PRIVACY STATEMENT, WHICH IS SUBJECT TO CHANGE AT ANY TIME, LOCATED AT http://www.samsung.com/us/common/privacy.html.
1. ELIGIBILITY: The CHALLENGE is open only to individuals who are legal U.S. residents of the 50 United States and the District of Colombia and who are 18 years of age or older, except as follows: 19 in AL and NE and 21 in MS, and are attendees at HIMSS 2016 in Las Vegas, NV (the “Event”). Individuals must be present to win. The following persons are not eligible to participate: employees, contractors, directors, and officers of Samsung Electronics America, Inc. (“Sponsor”) and each of their respective parents, subsidiaries and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies (including Pinnacle Marketing Group) involved in the administration, development, fulfillment and execution of this CHALLENGE (collectively “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three (3) months during the twelve-month period preceding the start date of the CHALLENGE).
2. CHALLENGE PERIOD: MULTIPLE ENTRY DEADLINES APPLY. CHALLENGE begins on or about 7:00 a.m. Pacific Time (“PT”) on March 1, 2016 and ends at 7:00 p.m. PT on March 3, 2016 (“CHALLENGE Period”). During the CHALLENGE Period, there will be three (3) drawing periods as defined in Section 4 of these Official Rules (each, a “Drawing Period”). Each Drawing Period will begin at 7:00 a.m. ET and end at 7:00 p.m. ET each day of the Event.
3. HOW TO ENTER: During the CHALLENGE, take at least 10,000 steps as recorded by a personal fitness tracker (Samsung Gear S2, Apple Watch, Fitbit, etc.) and ensure you are following @SamsungBizUSA on Twitter at http://twitter.com/SamsungBizUSA (the “Website”) if you are not already doing so where Sponsor will be posting CHALLENGE-specified tweets using the disclosure hashtag #HIMSSchallenge. Once 10,000 steps are recorded and you’ve followed @SamsungBizUSA, enter by submitting your information to Samsung event staff at the Samsung HIMSS booth 724. Entrants understand that by following @SamsungBizUSA on Twitter they are agreeing to receive Twitter communications from Sponsor and may opt out at any time by unfollowing the @SamsungBizUSA Twitter account. The time clock of the CHALLENGE administrator is the official clock for this CHALLENGE. In the event of an identity dispute regarding an entrant, entry will be considered made by the registered owner of the Twitter account used for the online entry. Entrants must have a valid Twitter account. A Twitter account can be opened for free at www.Twitter.com. An entrant may only enter once per Drawing Period. Entrants may only use one (1) Twitter account to enter this CHALLENGE. Any form of participation in the CHALLENGE other than described in these Official Rules is void. Multiple entries per person, including multiple entries by the same entrant using different Twitter accounts or multiple identities, will invalidate ALL entries submitted by that entrant for the entire CHALLENGE Period.
4. DRAWINGS: One (1) potential winner for each Drawing Period will be selected in a random drawing from among all eligible entries received during each applicable Drawing Period (for a total of five (3) potential winners throughout the CHALLENGE Period). Non-winning entries from one Drawing Period drawing will not carry over or be considered for any subsequent Drawing Period drawings. Odds of winning depend upon the total number of eligible entries received for each Drawing Period. Limit one (1) prize per household for the entire CHALLENGE Period.
5. PRIZES (3) (One (1) per Drawing Period): Each Daily Drawing Prize will be a Samsung Gear VR, redeemable by visiting the Samsung Electronics America booth at the Event after potential winner is contacted via Twitter from @SamsungBizUSA as outlined further in Section 7 below. Samsung Electronics America is not responsible for any carrier service plans or associated fees. Winners must have their HIMSS badge scanned at the Samsung Electronics America booth. Approximate Retail Value (“ARV”) of each Daily Drawing Prize is $99*. Approximate total ARV of all Daily Prizes is $297*.
*The mobile device pricing is approximate and subject to change based on retail pricing set by Sponsor and carrier partners once the mobile device is available for purchase. Any difference between the stated value and actual value once the mobile device becomes available at retail will not be awarded. The Daily Prizes consist of the device(s) only and do not include any wireless plan or service.
6. LIMITATIONS OF LIABILITY: No liability or responsibility is assumed by Sponsor and/or Promotion Parties resulting from entrant’s participation in or attempt to participate in the CHALLENGE or ability or inability to upload or download any information in connection with the CHALLENGE. No responsibility or liability is assumed by the Sponsor and Promotion Parties for technical problems, equipment costs, internet/cellular telephone access or technical malfunction arising in connection with any of the following occurrences whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the CHALLENGE or by any technical or human error which may occur in the processing of submissions which may limit an entrant’s ability to participate in the CHALLENGE and/or which may affect the operation of the CHALLENGE: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted or incomplete transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or nonhuman intervention of the operation of the CHALLENGE, including without limitation, unauthorized tampering, hacking, fraud, theft, virus, bugs, or worms; or destruction of any aspect of the CHALLENGE, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the CHALLENGE. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, technical or any inaccurate or incorrect data contained on the Website. Use of Website is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind, which may be sustained, to users or any other person’s computer and/or telephone equipment resulting from participation in the CHALLENGE.
THE CHALLENGE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF DALLAS, TEXAS. 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 TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN DALLAS COUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION 5 MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
7. WINNER NOTIFICATION: Potential winners will be notified by Twitter (tweet or direct message) from @SamsungBizUSA and will be required to respond within 12 hours from initial notification attempt. Potential winners must be present at the Event, must visit the Samsung Electronics America booth and will be required to complete an Affidavit of Eligibility and Liability/Publicity Release in order to claim their prize and will not be official winners until their eligibility has been verified and any requested prize-related documents have been signed and returned. Sponsor is not responsible for any change in entrant’s Twitter account or privacy settings. If attempted notification is returned as undeliverable, if any required documents are not completed, if winner cannot be verified or found, if the winner is not an eligible entrant under these Official Rules, or if winner is otherwise unable to accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner. Allow 10 – 12 weeks from the end of the CHALLENGE Period for verification of winners and shipment of CHALLENGE prizes.
8. RELEASE OF LIABILITY: By participating in the CHALLENGE, entrants release Sponsor and Promotion Parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the CHALLENGE. By accepting a prize, each winner (a) agrees that the Sponsor and Promotion Parties will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the CHALLENGE; from acceptance, possession, misuse or use of prize and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, in perpetuity, including the World Wide Web without review, notification or approval, and additional compensation, unless prohibited by law. Sponsor is not liable in the event that any portion of the CHALLENGE or prize is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control (a “Force Majeure Event”).
9. GENERAL CONDITIONS: Each winner is solely responsible for any and all taxes and related expenses on the prize, and may receive an IRS Form 1099 for the actual retail value of the prize. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prize(s) will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the CHALLENGE is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the CHALLENGE, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the CHALLENGE. In the event of cancellation, Sponsor may, at its sole discretion, randomly award the prize from among all eligible, non-suspect entries received prior to cancellation. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational 6 institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE OFFICIAL SAMSUNG BUSINESS TWITTER ACCOUNT OR INTERFERE WITH THE OPERATION OF THE CHALLENGE OR ANY OTHER FRAUDULENT ACTIVITY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AT LAW OR IN EQUITY AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. WINNERS LIST: To obtain a list of winners, please send a self-addressed stamped business-size envelope to: HIMSS CHALLENGE Winners List Request, Golin, 13155 Noel Rd # 750, Dallas, TX 75240. All requests must be received no later than April 1, 2016.
11. SPONSOR: Samsung Electronics America, Inc. 85 Challenger Rd., Ridgefield Park, NJ, 07660. © 2015 Samsung Electronics America, Inc. Samsung and Galaxy Note are both trademarks of Samsung Electronics America.