Samsung 837 Galaxy Gaming Session
NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED.
1. DESCRIPTION: Samsung 837 Galaxy Gaming Session (the “Gaming Session”) is a skill-based gaming session which will be played at Samsung 837, 837 Washington St., New York, NY 10014, on Wednesday, March 6, 2019 as detailed below. The Gaming Session will be available to the first seventy five (75) individuals to register and be confirmed, as detailed below. The sponsor of the Gaming Session is Samsung Electronics America, Inc., 85 Challenger Rd. Ridgefield Park, NJ 07660 “Sponsor”).
The Gaming Session will flow as follows:
2. ELIGIBILITY: This Gaming Session is open only to legal residents of the fifty (50) United States and the District of Columbia, physically located and residing therein who can attend the Gaming Session at Samsung 837 during the Registration Period and Gaming Session Play Period, and who are at least thirteen (13) years of age or older at the time of RSVP ("Entrant"). Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) must get their parent or legal guardian’s permission to participate in the Gaming Session. A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can participate in the Gaming Session and any prize can be awarded. Entrants are responsible for securing their own transportation to and from Samsung 837 for the Gaming Session.
Employees, officers, directors and agents of Sponsor, We’re Magnetic and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Gaming Session Entities”), PMK*BNC, and the immediate family members, and/or those living in the same household of each, are ineligible to participate in the Gaming Session or win a prize. For purposes of the Gaming Session, "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. Gaming Session is void where prohibited.
3. GAMING SESSION RSVP: To RSVP for the opportunity to participate in the Gaming Session, potential Entrants must complete the following steps:
· Visit the Gaming Session RSVP website at ("Website") at any time during the RSVP Period. Website will be available on Sponsor devices at Samsung 837 during the RSVP Period. Sponsor representatives will be onsite to assist with Gaming Session RSVP.
· Potential Entrant must follow the on-screen instructions to completely and accurately provide all of the information and materials required for entry, including but not limited to:
o First Name
o Last Name
o Email Address
o Date of Birth
· RSVP must be received by Wednesday, March 6, 2019 at 5:59pm ET.
Successful RSVP for the Gaming Session does not guarantee entry into the Gaming Session. Potential Entrants must register at Samsung 837 during the Registration Period, as detailed in Section 4 below, and receive a Gaming Session wristband.
4. GAMING SESSION REGISTRATION: Up to the first seventy five (75) potential Entrants to arrive at Samsung 837 during the Registration Period and complete Gaming Session Registration will be entered to participate in the Gaming Session (each a “Player”). Registration will be completed on a first come, first served basis from all potential Entrants that RSVP’ed to participate in the Gaming Session. RSVP status will be confirmed before any Gaming Session Entrant is confirmed.
Individuals who register after the seventy five (75) available Player slots have been claimed may register as a Gaming Session alternate (each an “Alternate”). Alternates will be selected to fill any forfeited or unclaimed Player slots, if at all, based on order of each Alternates Gaming Session Registration.
Alternates will be announced from the check-in location, in the order of registration, and the announced Alternate will have one (1) minute from the announcement of their status to approach the registration location, confirm their status as a confirmed Player, and secure their Player slot. Players must be in attendance at the Gaming Session during the entire Gaming Session Play Period to participate in the Gaming Session and be eligible to win a prize.
Sponsor, in its sole discretion, may designate a representative to oversee Gaming Session Play (“Gaming Session Director”). Sponsor and Gaming Session Director reserve the right to adjust the Gaming Session schedule/format, proceed with fewer Players, or to extend the Gaming Session Registration Period, if applicable, to secure a sufficient number of available Players for the Gaming Session. The Sponsor and Gaming Session Director, in their sole and unfettered discretion, may reject or disqualify any Player at any time (whether before or after game play has commenced or any winners have been determined) if the Gaming Session Director believes that such Player does not meet the eligibility criteria, has violated these Official Rules, engages in inappropriate, disruptive, or abusive conduct or behavior, or otherwise is not appropriate for the Gaming Session. In addition to these Official Rules, Entrants are also subject to modifications or clarifications to these Official Rules as posted by the Sponsor at Samsung 837, or online at: .
5. GAMING SESSION PLAY: Gaming Session Play will consist of multiple, independent single elimination games (each a ”Game” and collectively the “Games”), and will operate as follows:
· Each Game will consist of up to fifteen (15) Players.
· Players will be placed in his or her Game based on their Gaming Session Registration order.
· The Player that wins his or her Game will be deemed the Game Winner, and pending confirmation of eligibility, the Game Prize Winner for the corresponding Game.
· In the event of a malfunction, lock-up, power supply interruptions or any other event that prohibits Game play from continuing, the following rules will apply:
o Notify the Gaming Session Director
o Game must be replayed
Gaming Session Play will consist of as many Games as can be completed in the Gaming Session Play Period. Game Prizes, as detailed in Section 6 below will be available to the winner of the first ten (10) Games to be completed. Players may participate in multiple Games and will be placed in Games based on their Gaming Session Registration order. Gaming Session Director and Sponsor are not responsible for any Player’s inability or failure, for any reason, to participate in any Game within the timeframe determined by the Gaming Session Director. In the event of Gaming Session play disruption, whether by technical problem or any other means, reasonable effort should be made to recover the Game already in progress and continue Gaming Session play. In the event that the Game cannot be recovered or resolved, the Gaming Session Director reserves the right to declare a winner, reschedule the Game, or disqualify a Player, at its sole discretion. The course of action will be decided in the sole discretion of the Gaming Session Director. If any Player intentionally disrupts Gaming Session Play, Player will be automatically disqualified and thus forfeit the Game. All decisions of Sponsor and Gaming Session Director with regard to proper Gaming Session Play are final and binding.
NOTE: Proper language, behavior, and etiquette are mandatory at all times. Failure to comply may result in removal from the Gaming Session. In no event is vulgarity, profanity or lewd or offensive language or behavior allowed. Sponsor, Gaming Session Director and all Players are to be respected at all times.
Final Gaming Session Play rules will be communicated and provided at the time of Gaming Session Registration. Sponsor and Gaming Session Director’s decisions are final in all decisions related to Gaming Session play. All information provided by each Entrant and Player becomes the property of Sponsor. To participate in the Gaming Session, Entrants must confirm they have read and agree to these Official Rules.
Players must provide all information requested to be eligible to win. Sponsor reserves the right to disqualify any Player that Sponsor determines to be in violation of any term contained in these Official Rules. The Gaming Session Entities shall not be responsible for incorrect or inaccurate information caused by any of the equipment or programming associated with or utilized in the Gaming Session or by any technical or human error which may occur in the processing of the Gaming Session. The Gaming Session Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Gaming Session Play or corresponding results.
6. PRIZES: Ten (10) Prizes are available (one (1) Prize is available for the winner of each of the first ten (10) Games completed) and will consist of one (1) Samsung & Anti-Social Social Club branded t-shirt. The Approximate Retail Value (“ARV”) of the Prize is Nineteen Dollars and Ninety Nine Cents ($19.99). No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor, who reserves the right to substitute a prize (or any portion thereof) of comparable or greater value, in their sole discretion, should the Prize offered become unavailable for any reason. If a Prize is awarded but unclaimed/forfeited by a Game winner, Prize may not be re-awarded, in Gaming Session Entities' sole discretion. Prizes cannot be sold, transferred, auctioned or traded for any reason. Gaming session date, time and location are subject to change at the sole discretion of the Sponsor. Any changes will be posted on the Website and at Samsung 837. Other restrictions may apply.
Each Prize winner (and, in the case of a Minor Player, his/her parent/legal guardian) may be required to verify address and complete 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. Prizes will not be awarded to a Player until all such properly executed forms are returned, if applicable. Failure to complete and return the Affidavit may result in forfeiture of the Prize. In the event a Prize winner fails to complete and the return their Affidavit, Gaming Session Entities may select an alternate Prize winner based on the corresponding Game standings. If any Prize winner has not complied with these Official Rules, or declines their Prize for any reason prior to award, such potential Prize winner will be disqualified, and the Gaming Session Entities will determine an alternate winner, based on the Game standings, for the corresponding Game Prize.
Prize winners shall be solely responsible for any applicable federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the Prize. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Gaming Session. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES.
7. CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Entrant (and, in the case of a Minor Entrant, his/her parent/legal guardian) agrees to be bound by these Official Rules and the decisions of the Gaming Session Entities, which shall be final in all respects. By participating in this Gaming Session and/or by accepting any prize, each Entrant (and, in the case of a Minor Entrant, his/her parent/legal guardian) agrees to release the Gaming Session Entities, PMK*BNC, 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 Gaming Session and/or acceptance or use of a prize. Each Entrant (and, in the case of a Minor Entrant, his/her parent/legal guardian) authorizes the Gaming Session Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, and on a winner's list, if applicable, without further compensation unless prohibited by law. Gaming Session 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 Gaming Session 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 any Game or the Gaming Session; (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 RSVP or registration information, regardless of the method of transmission; (v) any inability of 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 Gaming Session. Gaming Session Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Gaming Session (or any portion of the Gaming Session) 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 Gaming Session and, in such situation, will select the winner from eligible non-suspect Entrants registered prior to and/or after such action or in such manner as deemed fair and appropriate by the Gaming Session Entities. Gaming Session Entities may prohibit Entrant from participating in the Gaming Session or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Gaming Session by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Gaming Session Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GAMING SESSION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE GAMING SESSION. SHOULD SUCH AN ATTEMPT BE MADE, GAMING SESSION 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 GAMING SESSION, ENTRANT 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 GAMING SESSION, 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: All issues and questions concerning the construction, validity, interpretation and enforceability of the Gaming Session, or the rights and obligations of Entrants, Players and the Gaming Session Entities in connection with the Gaming Session, 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 or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right and expressly waive any such right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Gaming Session, the Submissions, and/or any intellectual property owned or licensed by the Gaming Session Entities.
10. ARBITRATION PROVISION: By participating in this Gaming Session, each Entrant (and, in the case of a Minor Entrant, his/her parent/legal guardian) 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 Gaming Session, (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 Gaming Session. 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 the Released Parties’ 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 . 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.
12. SPONSOR: Samsung Electronics America, Inc., 85 Challenger Rd. Ridgefield Park, NJ 07660
13. WINNER ANNOUNCEMENT: The winner will be announced at Samsung 837 at the conclusion of each Game.