Samsung Insider Ready. Set. Sell and Win Program Official Terms and Conditions

Transcription

1 Samsung Insider Ready. Set. Sell and Win Program Official Terms and Conditions 1. ELIGIBILITY THIS PROMOTION IS NOT OPEN TO THE GENERAL PUBLIC. VOID WHERE PROHIBITED. The Samsung Insider Ready. Set. Sell and Win Program ( Promotion ) is sponsored by Samsung Electronics America, Inc. ("Sponsor") and is governed by the following terms and conditions ( Official Terms and Conditions ). The Promotion consists of a Sweepstakes, as further described in Section 2 of these Official Terms and Conditions, and Sales Incentive, as further described in Section 3 of these Official Terms and Conditions. To be eligible to participate in the Promotion you must meet all of the following criteria: A. You are employed as a sales representative by a participating MetroPCS dealer or corporate owned location ( COR ) in accordance with the terms of this Section 1A. There are seven (7) areas that are eligible (each, a Region ): six (6) dealer and one (1) COR. COR will be listed as Direct and the 6 Dealers shall be listed individually as: West, SE, NE, NC, GL, and SC. Participants must have started employment on a date prior to June 3, 2016 and be an active status employee (being on a leave of absence does not satisfy this requirement) and in good standing with his/her employer s Human Resources/Employment Department (as it determines in its sole discretion) as of each of the following dates: (i) the Promotion start date, (ii) the date the individual receives notification that he/she has been selected as a potential recipient of an incentive, and (iii) the date(s) Sponsor awards and, if different, delivers the incentive to the individual (award and delivery date(s) shall be determined in Sponsor s sole discretion). To avoid doubt, an individual will not be eligible to receive an incentive unless he/she is an active status employee and in good standing with his/her employer s Human Resources/Employment Department as of each of the above-specified dates. B. You are a legal resident of the fifty (50) United States, the District of Columbia, or Puerto Rico; C. You are 18 years or older (19 in AL and NE); and D. You are not an employee, officer, director or agent (or an immediate family [parent, child, spouse, sibling or any of their respective spouses, regardless of where they reside] or household member, whether or not related, of any such individual) of Sponsor, and/or any of their respective parent, subsidiary, affiliated companies, licensees, advertising, promotion, or production agencies or any of their respective dependents (meaning any person or entity claimed as a dependent on a company s tax return). An individual satisfying the foregoing eligibility requirements is hereinafter a Participant. Any disputes regarding eligibility shall be determined at the sole discretion of the Sponsor. Sponsor reserves the right, at any time, to verify eligibility requirements, and Participants may be required to provide proof of their eligibility in writing to the satisfaction of Sponsor. All Sponsor determinations regarding the Promotion are final and binding. Sponsor may amend these Official Terms and Conditions at any time by posting the amended Official Terms and Conditions on the official promotion site located at ( Website ) and providing notice to those Participants registered to participate in the Promotion. New Terms and Conditions are effective immediately upon posting, and Participant s continued participation in the Promotion after such time will indicate the Participant s acceptance of the new terms. 1

2 2. HOW TO ENTER THE SWEEPSTAKES The Promotion begins at 12:00 AM Eastern Time ( ET ) on June 3, 2016 and concludes at 11:59:59 PM ET on July 9, 2016 ( Promotion Period ). The Promotion Period consists of five (5) separate entry periods (each, an Entry Period ) as set forth in the chart below: Entry Period Start Date (at 12:00 AM ET) End Date (at 11:59:59 PM ET) Sales Must Be Entered By Date (by 11:59:59 PM ET) Random Drawing Date (on or about) 1 June 3, 2016 June 12, 2016 June 12, 2016 June 14, June 13, 2016 June 19, 2016 June 19, 2016 June 21, June 20, 2016 June 26, 2016 June 26, 2016 June 28, June 27, 2016 July 3, 2016 July 3, 2016 July 5, July 4, 2016 July 9, 2016 July 9, 2016 July 12, 2016 Non-winning entries do not carry forward to subsequent Entry Periods. Device sales must be entered at the Website (as set forth below) by 11:59:59 PM ET on the date set forth in the chart above for the corresponding Entry Period. Any device sale entered after the stated deadline will not be valid for purposes of this Promotion. Participants must register for the Promotion by visiting the Website and following the registration instructions. During the Promotion Period, a Participant must visit the Website and enter his/her individual sales of participating Samsung devices. A Participant will receive a pre-determined number of Sweepstakes entries corresponding to the Samsung device sold. Participating Samsung devices (each an Eligible Device, and collectively, the Eligible Devices ) and associated Sweepstakes entries assigned to each Eligible Device are: Eligible Device Galaxy S6 Galaxy S7 Galaxy J7 On5 Galaxy Core Prime Galaxy Grand Prime Sweepstakes Entries Awarded per Eligible Device Sold 5 Sweepstakes Entries 5 Sweepstakes Entries 3 Sweepstakes Entries 2 Sweepstakes Entries 1 Sweepstakes Entry 1 Sweepstakes Entry 3. HOW TO PARTICIPATE IN THE SALES INCENTIVE At the end of the Promotion Period, Sponsor will validate all Eligible Devices sales. The one (1) sales representative in each Region with the most Sweepstakes Entries from the entire Promotion Period will be eligible to receive an Incentive (as further described in Section 5B of these Official Terms and Conditions). In the event that more than one (1) sales representative in a Region who receives the same highest number of Sweepstakes entries during the entire Promotion Period, a random drawing will be conducted by Administrator from among those tied Participants to determine the Incentive recipient. Additionally, the one (1) ASR per Region (the retail store manager for COR), the one (1) AM Manager per Region (the Retail Area Manager for COR), and the one (1) Senior Manager per Region (the retail 2

3 District Manager for COR) associated with the winning sales representative described above in that Region s store will each be eligible to receive an Incentive. Each Incentive recipient will be deemed a potential Incentive recipient pending verification of eligibility and compliance with these Official Terms and Conditions. The Sponsor s decisions will be final and binding in all matters pertaining to all Eligible Device sales validation and Incentive awarding. 4. SWEEPSTAKES WINNER SELECTION On or about each of the Random Drawing Dates set forth in the chart in Section 2 of these Official Terms and Condition, Administrator will randomly potential sweepstakes winners (each, a Sweepstakes Winner ) from among all eligible Sweepstakes entries received during an Entry Period as set forth in the charts below: Entry Period 1 Core Prime Device ,500 Insider Points ,000 Insider Points ,000 Insider Points Entry Period 2 Core Prime Device ,500 Insider Points ,000 Insider Points ,000 Insider Points Entry Period 3 Core Prime Device ,500 Insider Points ,000 Insider Points ,000 Insider Points Entry Period 4 Core Prime Device ,500 Insider Points ,000 Insider Points ,000 Insider Points Entry Period 5 Core Prime Device

4 12,500 Insider Points ,000 Insider Points ,000 Insider Points Each winner will be deemed a potential winner pending verification of eligibility and compliance with these Official Terms and Conditions. The Administrator s (as defined in Section 13 of these Official Terms and Conditions) decisions will be final and binding in all matters pertaining to all random drawings. 5. PRIZES, INCENTIVES, APPROXIMATE RETAIL VALUE ( ARV ), AND ODDS OF WINNING A. Prizes (1,000 total): The following prizes are available in each Entry Period as set forth in the charts in Section of these Official Terms and Conditions: i. Core Prime (80 total). The ARV of each Core Prime is $129. ii. Grand Prime (170 total). The ARV of each Grand Prime is $169. iii. 12,500 Insider Points (480 total). The ARV of 12,500 Insider Points is $25. iv. 25,000 Insider Points (200 total). The ARV of 25,000 Insider Points is $50. v. 50,000 Insider Points (70 total). The ARV of 50,000 Insider Points is $100. Samsung device prizes consist of the device only and do not include any wireless plan or service. Insider Points awarded in the Promotion are redeemable for cash value whenever the Participant chooses, to be loaded on to one (1) Universal Gift Card. Upon redemption through the Website, the total points accumulated will be converted into value based on redemption set forth on the Website, to be issued as one (1) Universal Gift Card to a Participant. A Participant is limited to one (1) prize per Entry Period. B. Odds of Winning: The odds of winning a prize depend on the total number of eligible Sweepstakes entries received during the applicable Entry Period. C. Incentives (4 per Region, 28 total): The one (1) Participant in each Region with the most cumulative Sweepstakes entries during the entire Promotion Period, the one (1) ASR per Region (the retail store manager for COR), the one (1) AM Manager per Region (the Retail Area Manager for COR), and the one (1) Senior Manager per Region (the retail District Manager for COR) associated with the sales representative with the most Sweepstakes Entries in that Region s store will each receive a Samsung Gear S2 Classic, a Gear VR, and a Galaxy S7 ( Incentive ). The ARV of each Incentive is $1, No more than twenty eight (28) Incentives will be available in the Promotion (four (4) per Region). Each Participant is limited to one (1) Incentive. D. Prize and Incentive Restrictions and General Conditions: All prize and Incentive awarding is subject to verification of validity by Sponsor. No assignment or transfer of Incentive to another person or business entity is permitted. Prizes and/or Incentives may not be redeemed for cash and no substitution is allowed except at the sole discretion of Sponsor. Sponsor reserves the right to substitute a prize or Incentive of comparable or greater value, at its sole 4

5 discretion. In no event will more prizes or Incentives than are stated in these Official Terms and Conditions be provided. Prizes and/or Incentives that are unclaimed will not be awarded. Prizes and Incentives are provided as is with no guarantee, either express or implied, except those of original product manufacturer, if any. Sponsor reserves the right to terminate the Promotion at any time for any reason. 6. PRIZE AND INCENTIVE FULFILLMENT All winners and Incentive recipients are each subject to verification of eligibility and compliance with these Official Terms and Conditions. Incentive recipients will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within five (5) calendar days from the date of attempted notification or the Incentive may be forfeited in its entirety and awarded to an alternate Participant, at the Sponsor s sole and absolute discretion. Return of a prize, an Incentive, a prize notification, or an Incentive notification as undeliverable, the inability of Sponsor to contact a potential winner or potential Incentive recipient within a reasonable time period or noncompliance with these Official Terms and Conditions by any potential Incentive recipient may result in disqualification and Incentive forfeiture. Sponsor will issue an IRS Form 1099-MISC for each Incentive recipient. Winners and Incentive recipients will each be personally responsible for any and all federal, state and/or local taxes resulting from acceptance and use of any prize or Incentive, as well as any other costs and expenses not specified herein as being provided. No money will be provided to cover taxes and all other costs and expenses not expressly set forth herein shall be solely the winner s responsibility. No information contained in this document constitutes tax advice, and each Participant is encouraged to consult his/her own tax advisor regarding the tax consequences of earning or receiving a prize or Incentive. In no event shall the Released Parties (as defined below) have any liability or responsibility whatsoever for any tax liability of a participating Participant. Insider Points prizes will be credited to a winner s corporate rewards account within approximately 1 to 2 weeks after verification of the winner s eligibility and compliance with these Official Terms and Conditions. All product prizes will be shipped to the Winner s home address within approximately 6 to 8 weeks after verification of eligibility. Incentives will be shipped to each Incentive recipient s store address within approximately 4 weeks after verification of eligibility after verification of the Participant s eligibility and compliance with these Official Terms and Conditions. The verification process may take up to three (3) weeks following the Promotion Period. Released Parties are not responsible for undeliverable, damaged, lost or stolen prizes or Incentives. Prizes will only be shipped to addresses within the fifty (50) United States, the District of Columbia, and Puerto Rico. 7. DISQUALIFICATION/INELIGIBILITY Participants who tamper with or abuse any aspect of this Promotion, or who act in a disruptive or unsportsmanlike manner, as solely determined by Sponsor, will be disqualified. Any Participant or individual who attempts (a) to participate in the Promotion in a manner that is contrary to these Official Terms and Conditions, that is fraudulent or that otherwise violates applicable law, or (b) to subvert the participation process will be disqualified. ALL POTENTIAL WINNERS AND INCENTIVE RECIPIENTS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A PARTICIPANT WILL NOT 5

6 RECEIVE A PRIZE OR INCENTIVE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL PARTICIPANT'S ELIGIBILITY HAS BEEN VERIFIED. 8. DISCLAIMER Sponsor, MetroPCS, and each of their respective parents, subsidiaries, affiliates, licensees, retailers, and advertising and promotion agencies and all of their respective officers, directors, agents and employees (collectively, Released Parties ) are not responsible for lost, late, incomplete, invalid, unintelligible, mutilated, illegible, stolen, inaccurate or misdirected registrations, all of which will be disqualified. Released Parties are also not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with any Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the announcement of the Incentives, or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. If for any reason the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Promotion. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Terms and Conditions, a random drawing among the claimants will be held to determine the potential winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more Incentives are claimed than are intended to be provided for any Incentive according to these Official Terms and Conditions, the intended Incentives will be awarded in order of date action is completes, in Sponsor s sole discretion, and according to Sponsor s time stamp. 9. LIMITATION OF LIABILITY All applicable federal, state, and local laws and regulations apply. By participating, Participants agree to release, discharge, indemnify and hold harmless Released Parties from any liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons (including death) and/or property which may be sustained in connection with the receipt, use or misuse of any incentive received in the Promotion or participation in the Promotion. Except in Tennessee and where prohibited by law, a Participant s acceptance of an incentive constitutes permission to the Sponsor, MetroPCS, and their respective designees to use Participant s name, likeness, statements, biographical information, voice, voice likeness, and city and state address on a worldwide basis, and in all forms of media, in perpetuity for advertising, promotion and other purposes without further compensation, notification or permission. Sponsor retains the right to settle disputes. All decisions made by Sponsor will be deemed final and binding. 10. PRIVACY POLICY 6

7 Information collected from Participants is subject to Samsung s Privacy Policy ( and will be used only for the purposes of administration of this Promotion unless Participant otherwise agrees. 11. DATES & DEADLINES/ANTICIPATED NUMBER OF PARTICIPANTS Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Terms and Conditions or otherwise governing the Promotion. Sponsor cannot accurately predict the number of Participants who will participate in the Promotion. 12. SPONSOR Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, NJ ADMINISTRATOR Prize Logic, LLC ( Administrator ), Telegraph Road, Suite 405, Southfield, Michigan Samsung Electronics America, Inc. 7