Samsung Just
Ask Sweepstakes
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 Just Ask Sweepstakes (the “Sweepstakes”) begins on Tuesday, September 24, 2024, immediately
following the Sweepstakes announcement post (the “Announcement Post”)
and ends at 11:59pm Eastern Time (“ET”) on Monday, September 30, 2024 (the
“Sweepstakes Period”). The
sponsor of this Sweepstakes is Samsung Electronics America, Inc. 85 Challenger
Rd. Ridgefield Park, NJ 07660 (“Sponsor”).
The administrator of this Sweepstakes
is Creative Zing Promotion Group ("Administrator"), 2100
E. Robinson, Orlando, FL 32803.
This Sweepstakes is in no way sponsored, endorsed, 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 forty
eight (48) contiguous United
States and Washington, D.C., who are physically located and residing therein, who
are at least eighteen (18) years of age and the age of majority in their state
of primary residence (19 in Alabama and Nebraska, and 21 in Mississippi), and who
meet all other requirements at the time of entry (each an “Entrant” or, collectively, “Entrants''). 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 “Sweepstakes 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 Sweepstakes. For purposes of the Sweepstakes, 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. Sweepstakes is void where
prohibited.
3. HOW TO ENTER: During the Sweepstakes Period, eligible Entrants must complete the following steps to submit their Submission:
·
Login to
their TikTok account and locate the Sponsor Announcement Post.
·
Stitch a
unique and original video, of up to twenty (20) seconds maximum, to the
Announcement Post of the Entrant reciting the call to action (“CTA”)
message of “Samsung, help me save energy.”
·
Tag
@SamsungUS in the Stitch.
·
Caption
the Stich using the required hashtag #JustAsk_Sweepstakes.
The Stich 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 Sweepstakes.
Limit one (1) Submission per Entrant.
Submissions must be received by 11:59:59 am ET on Monday,
September 30, 2024. All Submissions must remain available on
TikTok for thirty (30) days following the Sweepstakes 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 Sweepstakes Period and for thirty (30) days following the Sweepstakes
Period for a Submission to be eligible. The Submission must
include the hashtags #JustAsk_Sweepstakes 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 Sweepstakes in compliance with these
Official Rules.
·
Be created specifically for this Sweepstakes, and
not been previously published, or entered into, or
received any awards in, any other sweepstakes, Sweepstakes or competition.
·
Include the required Hashtags #JustAsk_Sweepstakes 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 Sweepstakes 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 any derogatory references to any Sweepstakes Entities or a
third party; and
·
Involve
or include the services of any individual under any contractual obligation that would
conflict with this Sweepstakes 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 Sweepstakes.
Sweepstakes 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 Stich) based on
clear intent to comply with the Official Rules, as determined at the
sole discretion of the Sweepstakes Entities.
NOTE ABOUT TIKTOK: Sweepstakes Entities are not responsible for
any changes or unavailability of TikTok that may interfere with the Sweepstakes
(including any limitations, any restrictions, or any conditions on Sponsor's
ability to use TikTok for the Sweepstakes 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 Sweepstakes. TikTok is not a sponsor of
nor affiliated with the Sweepstakes.
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 Sweepstakes, Sweepstakes
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 Sweepstakes 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 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 Sweepstakes. By
entering the Sweepstakes, 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 Sweepstakes 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 Sweepstakes Period, on or about Tuesday, October 1, 2024,
ten (10) potential prize winners will be selected in a random drawing,
conducted by the Administrator, from all eligible Submissions received and will
be notified by direct message or a public-facing
comment
from the Sponsor (the “Notification Message”). Potential
prize winners must respond (as directed) to the Notification Message,
and will be required to verify address and
complete within seventy-two (72) hours of the
Notification send date and time (or a shorter time if required by exigencies).
Potential winners will be required to verify
address and return within three (3) days 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 Submissions. Each
potential winner of a prize valued at $600 or greater must provide the Administrator
with their social security number for tax reporting purposes before any prize will be awarded. An IRS Form 1099 will be issued to the
corresponding winner for the actual value of the prize received for the year in
which the Prize was fulfilled. 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 Submissions 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 Sweepstakes 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 Sweepstakes 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 Submissions received.
6. PRIZES: The
following ten (10) Prizes are available to be won and the approximate retail
value (“ARV”) of each:
Prize Description* |
Prize Quantity |
ARV of each |
One (1) Bespoke AutoRelease Smart 42dBa
Dishwasher |
4 |
$1,299.00 |
One (1) Bespoke 4-Door Flex Refrigerator with AI Family Hub |
3 |
$5,014.00 |
One (1) Bespoke AI Laundry Combo™ All-in-One 5.3 cu. ft. Ultra
Capacity Washer and Ventless Heat Pump Dryer |
3 |
$3,338.96 |
* Prize items consist of the device only and does
not include any plan or service.
Cumulative ARV of all
Prizes: $30,254.88
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. Winners
shall be solely responsible for any other fees or costs associated with the
applicable Prize.
Prize Delivery: Sweepstakes Entities shall not be responsible for delays in
availability of a Prize; final awarding of any Prize is subject to
availability. Sweepstakes Entities shall use all reasonable efforts to award a
Prize within six (6) months of the conclusion of the Sweepstakes Period.
Sponsor
makes no warranties, and hereby disclaims any and all
warranties, express or implied, concerning any prize furnished in connection
with the Sweepstakes. 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 Sweepstakes Entities, which shall
be final in all respects. By participating in this Sweepstakes and/or by
accepting any prize, each Entrant (or the parent or legal
guardian if the Entrant is a Minor) agrees to release the Sweepstakes
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 Sweepstakes and/or acceptance or use of a prize. Each winner
(or the parent or legal guardian if the winner is a Minor) authorizes the Sweepstakes
Entities to use their Stich, 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. Sweepstakes 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 Sweepstakes 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 Sweepstakes; (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 Submission, 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 Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any
computer system resulting from participating in, or
accessing or downloading information in connection with this Sweepstakes. Sweepstakes
Entities reserve the right, in their sole discretion, to cancel, modify or
suspend the Sweepstakes (or any portion of the Sweepstakes) 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 Sweepstakes and, in such situation, will select the winner(s) from
eligible non-suspect Submissions received prior to and/or after such action or
in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes
Entities may prohibit Entrant from participating in the Sweepstakes or winning
a prize if, in its sole discretion, it determines Entrant is attempting to
undermine the legitimate operation of the Sweepstakes by cheating, hacking,
deception, or any other unfair practices or intending to annoy, abuse, threaten
or harass any other Entrants or Sweepstakes Entities representatives. CAUTION:
ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES
MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN
DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT
BE MADE, SWEEPSTAKES 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 SWEEPSTAKES, 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 SWEEPSTAKES, 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 SWEEPSTAKES 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 Sweepstakes,
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 Sweepstakes, (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 Sweepstakes. 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 Sweepstakes, you grant Sponsor permission to share your
email address and any other personally identifiable information with the other Sweepstakes
Entities for the purpose of Sweepstakes administration and prize fulfillment.
11. SPONSOR: Samsung Electronics America, Inc., 85 Challenger Rd. Ridgefield
Park, NJ 07660
12. ADMINISTRATOR: Creative Zing Promotion
Group, 2100 E. Robinson St., Orlando, FL 32803
13. WinnerS/OFFICIAL RULES: To
obtain a copy of the Winner’s List, send your request along with a stamped,
self-addressed envelope to “Samsung
Just Ask Sweepstakes” Winners, 2100 E. Robinson St., Orlando, FL 32803. Requests for the names of the winners must be
received no later than October 31, 2024. Vermont Residents may omit return postage for Winner
List requests.