Samsung #RecycleUp TikTok Challenge

Official Rules

 

NO PURCHASE NECESSARY TO PARTICIPATE, ENTER OR WIN.

MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING.

 

The following promotion is intended for participants in the fifty (50) United States and Washington D.C. only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal U.S. resident residing in the fifty (50) United States or Washington D.C. Further eligibility restrictions are contained in the official rules ("Official Rules") below.

 

1.   DESCRIPTION: The Samsung #RecycleUp TikTok Challenge (the “Challenge”) begins on Monday, September 12, 2022, immediately following the Challenge announcement post (the “Announcement Post”) and ends at 11:59pm Eastern Time (“ET”) on Wednesday, October 12, 2022 (the “Challenge Period”). The sponsor of this Challenge is Samsung Electronics America, Inc. 85 Challenger Rd. Ridgefield Park, NJ 07660 (“Sponsor”). The administrator of this Challenge is Creative Zing Promotion Group ("Administrator"), 2100 E. Robinson, Orlando, FL 32803. This Challenge is in no way sponsored, endorsed, or administered by, or associated with TikTok. Entrant is providing information to Sponsor and not to TikTok.

 

2.   ELIGIBILITY: Open only to legal residents of the fifty (50) United States and Washington, D.C.  who are physically located and residing therein and who are at least thirteen (13) years of age at the time of entry and who meet all other requirements (each an “Entrant” or, collectively, “Entrants''). Entrants who are under the age of eighteen (18) or less than the age of majority in their state of primary residence (“Minor”), must obtain parent or legal guardian consent to enter. Entrant must be a registered user of TikTok for entry (the "Social Media Platform"). Registration on the Social Media Platform is free as of the publication of these Official Rules and can be obtained at www.tiktok.com. Entrant must be the rightful owner (or have authorized use) of the social media account used for entry. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the natural person in whose name the email account associated with the social media account was opened, as long as such person is otherwise eligible in accordance with these Official Rules. Employees, officers and directors of Sponsor, Administrator (collectively, the “Challenge Entities”), and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and the immediate family members ("Immediate Family Members"), and/or those living in the same household of each (“Household Members”), are ineligible to participate in the Challenge. For purposes of the Challenge, Household Members shall mean those people who share the same residence at least three months a year, whether or not related; Immediate Family Members shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Challenge is void where prohibited.

 

3.   HOW TO ENTER: During the Challenge Period, eligible Entrants must login to their TikTok account and post a public video of up to sixty (60) seconds showcasing how the Entrant cares about sustainability by showcasing upcycled fashion and/or an upcycled design (the “Video”), include the hashtag #RecycleUp (the “Hashtag”), and tag @SamsungUS in the post caption to enter the Challenge. The Video featuring the Entrant along with the caption including the required Hashtag and Sponsor tag shall collectively be referred to as the "Submission". By posting a Submission, Entrant represents and warrants that they are the rightful owner of the Submission and have all the necessary rights to use the Submission for the Challenge.

 

Limit one (1) Submission per Entrant. Submissions must be received by 11:59:59 am ET on Wednesday, October 12, 2022. All Submissions must remain available on TikTok for thirty (30) days following the Challenge Period for notification purposes. If Submissions exceed the Submission limitations, only the first eligible Submission will be eligible for consideration. Entrant must have a non-private TikTok account. The "Private Account" option in the Entrant's TikTok account settings must be set to OFF and must remain OFF for the entire Challenge Period and for thirty (30) days following the Challenge Period for a Submission to be eligible. The Submission must include the hashtags #RecycleUp and Tag @SamsungUS to be valid. The Hashtag and Sponsor tag must appear in the caption (not comments). 

 

The Submission must: 

·        Be wholly original to Entrant and Entrant must be the rightful owner of the Submission or must have the rights, title and interest necessary to utilize the Submission for consideration in the Challenge in compliance with these Official Rules.

·        Be created specifically for this Challenge, and not been previously published, or entered into, or received any awards in, any other sweepstakes, Challenge or competition.

·        Be in compliance with the Content Restrictions below.

·        Include the required Hashtags #RecycleUp and tag @SamsungUS; and

·        Comply with the Terms of Use for TikTok. 

 

The Submission must NOT: 

·        Contain commercial or corporate logos, advertising, brand names, artwork, insignia or slogans, except those relating to Sponsor and otherwise used in accordance with these Official Rules;

·        Include personally identifiable information or any individuals other than the Entrant, unless such other individuals have provided the Entrant their express written permission to appear in the Submission, proof of which may be requested at the sole discretion of the Challenge Entities;

·        Show or promote unlawful activities or any activities that may appear unsafe or dangerous;

·        Contain any content that is lewd; obscene; sexually explicit; pornographic; disparaging; defamatory; libelous; violent; or derogatory of any ethnic, racial, gender, religious, professional or age group or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion;

·        Contain material that infringes or violates any applicable laws or regulations or any right of a third party including: (1) patent, trade secret, trademark, copyright or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation;

·        Contain any derogatory references to any Challenge Entities or a third party; and

·        Involve or include the services of any individual under any contractual obligation that would conflict with this Challenge or the Official Rules, including but not limited to obligations under professional guild obligations, talent agent, or talent management agreements that may prohibit Entrant from participating fully in this Challenge.

 

Challenge Entities reserve the right to allow for minor fluctuations in these requirements (including, but not limited to unintentional inclusion of any material infringing on the rights of any third party, or Entrant’s timing device and the actual runtime of the Video) based on clear intent to comply with the Official Rules, as determined at the sole discretion of the Challenge Entities.

 

NOTE ABOUT TIKTOK: Challenge Entities are not responsible for any changes or unavailability of TikTok that may interfere with the Challenge (including any limitations, any restrictions, or any conditions on Sponsor's ability to use TikTok for the Challenge as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via TikTok, in which case Sponsor, in its sole discretion, may terminate or modify the Challenge. TikTok is not a sponsor of nor affiliated with the Challenge.

 

Sponsor reserves the right to edit (or request the Entrant edit) Submissions to comply with the Official Rules. Sponsor reserves the right to disqualify an Entrant's Submission that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with Sponsor's image or which communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. False or deceptive acts or Submissions, or Submissions generated by script, macro or other automated means will be void, will render an Entrant ineligible, and also may result in Entrant no longer being allowed to enter Sponsor's Challenge, Challenges or other promotions in the future, at Sponsor's sole discretion. Entrants must provide all information requested. Incomplete, unreadable or unintelligible Submissions will be disqualified. Participation in the Challenge constitutes Entrant's understanding of full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Further, by submitting a Submission, Entrant (or Entrant’s Group, if applicable) gives Sponsor the rights to use the Submission for any other promotional purposes as set forth more completely below.

 

Important – Grant of Rights: Entrant's Submission may appear on the Sponsor's social media accounts including, but not limited to, Facebook, Twitter, Tik Tok and Instagram, and in advertising for Sponsor on-air, off-air and on Sponsor's website. If Entrant does not want their Submission to be used in the manner set forth herein, they should not enter the Challenge. By entering the Challenge, each Entrant (or the parent or legal guardian if the Entrant is a Minor) grants Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission in other works in any and all markets and media worldwide, now known or hereafter developed, in perpetuity. Entrants (or the parent or legal guardian if the Entrant is a Minor) warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If the Submission includes an identifiable person other than the Entrant, the Entrant represents and warrants that they have obtained the consent of such person to the use of the Submission as outlined herein and such person may be required to provide written consent to the Challenge Entities' use of the Submission. Sponsor is not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, in Sponsor's sole discretion, without further obligation or compensation. 

 

4.   WINNER SELECTION AND NOTIFICATION: At the conclusion of the Challenge Period, on or about Thursday, October 13, 2022, three (3) potential prize winners will be selected in a random drawing, conducted by the Administrator, from all eligible entries received and will be notified by direct message or a public-facing comment from the Sponsor (the “Notification Message”). Potential prize winners (or the parent or legal guardian if the potential winner is a Minor) must respond (as directed) to the Notification Message, and will be required to verify address and complete within twenty-four (24) hours of the Notification send date and time (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release ("Affidavit") covering eligibility, liability, advertising, publicity and media appearance issues, prior to receiving a prize. The Giveaway Entities shall have no liability for any Notification Message that is lost, intercepted or not received by a potential winner for any reason. The failure to respond timely to the notification may result in forfeiture of a prize and Sponsor may randomly select an alternate potential winner from the remaining eligible Entries. Failure to return the Affidavit within the specified time period may result in forfeiture of a prize and selection of an alternate winner from the remaining eligible entries for the corresponding prize. Prize will not be awarded/fulfilled until all such properly executed documents are returned. If a prize is awarded but goes unclaimed or is forfeited by recipient, such prize may not be re-awarded, in Challenge Entities’ sole discretion. If a potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected, at the sole discretion of the Challenge Entities. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go un-awarded if it remains unclaimed. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. All federal, state and local taxes and any other costs and expenses associated with the receipt or use of the prize are the sole responsibility of the respective Winners.

 

5.   ODDS OF WINNING: The odds of winning a prize depend on the number of eligible Entries received.

 

6.   PRIZES: The following Prizes are available to be won:

 

Prize

Description

Samsung Galaxy S22+ Device

One (1) Samsung Galaxy S22+ device is available. Device color will be selected by Sponsor in its sole discretion. Approximate Retail Value (“ARV”): One Thousand One Hundred Dollars ($1,100.00). Prize consists of the device only and does not include any wireless plan or service.

Samsung Galaxy S22 Device

One (1) Samsung Galaxy S22 device is available. Device color will be selected by Sponsor in its sole discretion. ARV: Six Hundred Fifty Dollars ($650.00). Prize consists of the device only and does not include any wireless plan or service.

Samsung Galaxy Watch4

One (1) Samsung Galaxy Watch4 device is available. Device color will be selected by Sponsor in its sole discretion. ARV: Five Hundred Dollars ($500.00). Prize consists of the device only and does not include any wireless plan or service.

Cumulative ARV of all Prizes: $2,250

 

Limit one (1) prize per Entrant. No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor, who reserves the right to substitute a prize of comparable or greater value, in its sole discretion. Unclaimed prizes, if any, will go un-awarded. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. No refunds or credit for changes are allowed. Other restrictions may apply. For tax reporting purposes, any Winner of a Prize with an ARV of $600 or greater must provide Challenge Entities with a valid social security number before the Prize will be awarded. An IRS Form 1099 will be issued in the name of the any Prize winner of a Prize with an ARV of $600 or greater for the actual value of the Prize received. Winners shall be solely responsible for any other fees or costs associated with the applicable Prize.

 

Prize Delivery: Challenge Entities shall not be responsible for delays in availability of a prize; final awarding of any prize is subject to availability. Challenge Entities shall use all reasonable efforts to award a prize within sixty (60) days of the conclusion of the Challenge Period.

 

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Challenge. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

7.   CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Entrant (or the parent or legal guardian if the Entrant is a Minor) agrees to be bound by these Official Rules and the decisions of the Challenge Entities, which shall be final in all respects. By participating in this Challenge and/or by accepting any prize, each Entrant (or the parent or legal guardian if the Entrant is a Minor) agrees to release the Challenge Entities and each of their' respective successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Challenge and/or acceptance or use of a prize. Each winner (or the parent or legal guardian if the winner is a Minor) authorizes the Challenge Entities to use their Video, Submission, username, name, voice, likeness, biographical data, city and state of residence and Submission materials in programming or promotional material, worldwide in perpetuity, and on a winner's list, if applicable, without further compensation unless prohibited by law. Challenge Entities are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Challenge Entities’ sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind caused by a prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Challenge; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iv) late, lost, delayed, stolen, incomplete, unreadable, inaccurate, garbled or unintelligible Entries, regardless of the method of transmission; (v) any inability of a winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Challenge. Challenge Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Challenge. Challenge Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Challenge (or any portion of the Challenge) should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Challenge and, in such situation, will select the winner(s) from eligible non-suspect Entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Challenge Entities. Challenge Entities may prohibit Entrant from participating in the Challenge or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Challenge Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CHALLENGE. SHOULD SUCH AN ATTEMPT BE MADE, CHALLENGE ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.   BY PARTICIPATING IN THE CHALLENGE, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CHALLENGE, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

8.   GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CHALLENGE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

 

9.   ARBITRATION PROVISION: By participating in this Challenge, each Entrant (or the parent or legal guardian if the Entrant is a Minor) agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Challenge, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the Entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Challenge. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  The arbitrator shall not have the power to award special or punitive damages against the Entrant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com.  If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

 

10.   PRIVACY POLICY: Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein or in accordance with Sponsor’s privacy policy posted at http://www.samsung.com/us/common/privacy.html. By participating in the Challenge, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Challenge Entities for the purpose of Challenge administration and prize fulfillment.

 

11.   SPONSOR: Samsung Electronics America, Inc., 85 Challenger Rd. Ridgefield Park, NJ 07660

 

12.   WinnerS/OFFICIAL RULES:  To obtain a copy of the Winner’s List, send your request along with a stamped, self-addressed envelope to “Samsung #RecycleUp TikTok Challenge” Winners, 2100 E. Robinson St., Orlando, FL 32803. Requests for the names of the winners must be received no later than October 31, 2022. Vermont Residents may omit return postage for Winner List requests.