Terms & Conditions: Nightography Contest (October, 2023)

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SEA: Community Contests T&C Template

By entering this competition (the “Competition”) you (the “Participant”) agree to be bound by these terms and conditions (“Terms and Conditions”).  Any information or instructions published by the Promoter about the Competition on the Community webpage at [https://us.community.samsung.com/] (the “Website”) form part of these Terms and Conditions. 

The Promoter

1. The Promoter of this Competition is Samsung Electronics America, 85 Challenger Road 3rd, Ridgefield Park, NJ, 07660 (“Promoter”).

Eligibility

2. This Competition is open solely to residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older with a valid Samsung Account and valid Samsung Community account. 
    
3. Employees or agents of the Promoter or any of its group companies or their families or households or anyone professionally connected to this Competition are not eligible to enter.
    
4. No purchase is necessary to enter.

Competition Period

5. The Competition will open at 10:00am EST on XXX and close at 10:00am (EST) on XXX (“the Competition Period”).

Prize

6. There is one (1) prize available to be won in total, consisting of $XXX worth of Samsung Rewards points directly deposited into the winner’s Samsung Account for use on Samsung.com (the “Prize”). Points must be redeemed within one calendar year from deposit, and will be subject to Samsung Rewards points terms and conditions available at [https://www.samsung.com/ae/support/apps-services/redeem-your-samsung-rewards-points/].
    
7. The Prize is non-transferable and may not be substituted by the winner.  The Promoter may substitute the Prize or a portion of the Prize with one of equal or greater value. 

How to Enter

8. To enter the Competition, Participants must first log in to the Community Website, and then follow the instructions to submit their content via the Competition Entry page found here  <INSERT LINK HERE>. Users must follow the submission form and stipulations (upload photo w/short title) to enter (each, an “Entry”).
    
9. For their Entry to be considered, Participants must provide their username and email address associated with their Samsung Account, and all other requested information at the time of entry.
    
10. Participants may only enter the Competition five (5) times.  If more Entries are received from any Participant, all additional Entries from such Participant will be disregarded. Fully completed Entries must be received no later than the end of the Competition Period. Entries received after the Competition Period will not be eligible for Entry.
     
11. From [insert date] to [insert date] (the “Voting Phase”), Entries will be made available on the Website for Participants and Website visitors to submit “Likes” or “Kudos” to each Entry submitted.  

Winner Selection

Following the conclusion of the Voting Phase, the one (1) Entry with the highest number of “Likes” and “Kudos” combined on the Website will be deemed the winner (the “Winning Criteria”). Limit of one (1) “Like” or “Kudos” per individual, per Entry throughout the Voting Phase. Promoter’s tabulation of “likes” and “kudos” shall be final. No correspondence or negotiation will be entered into by the Promoter concerning either the decision or the result. Any Participant found creating multiple Samsung Accounts, submitting or incentivizing other to submit Likes and/or Kudos in excess of the above stated limitation, or breaching these Terms and Conditions will be disqualified.

12. Any text, videos, images or any other content (the “Content”) which are submitted by the Participant as part of the Entry must adhere strictly to the following content guidelines (the “Content Guidelines”) for the Competition:
     
13. a) The Content must not display the image or likeness of any person or any information about any person unless the Participant has obtained that person’s permission.
14. b) The Content must not display any cruelty to any animal or person.
15. c) The Content must not infringe any third party intellectual property.
16. d) The Content must not infringe the rights of, or be defamatory or libellous about, any person.
17. e) The Content must be suitable for a person of any age to view and must fully comply with the law and all regulations. 
18. f) The Content must not contain or display any words or images which are considered, at the Promoter’s sole discretion, to be offensive, sexually explicit, rude, disparaging or otherwise inappropriate.
     
19. FOR SAFETY REASONS it is important that Participants do not include or reveal any personal information (e.g. name, contact details, etc) in any Content.
     
20. Entries containing any Content that does not comply with the Content Guidelines will not be entered into the Competition and the associated submission will be deemed invalid. 
     
21. Entries that are incomplete or damaged will be deemed invalid.  No responsibility is accepted by the Promoter for lost, delayed or damaged data which occurs during any communication or transmission of Entries.
     
22. The Promoter reserves the right at its absolute discretion to disqualify Entries which it considers do not comply with these terms and conditions or any Participant who it reasonably believes has interfered with the fair running of this Competition.
    
    17. The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age, and other relevant details of a Participant.

18. Entries must be made by the Participant, and must not be made through agents or third parties. 
     
19. The winner will be notified on or about XXX using the Samsung Account and email address provided at the time of Entry/Login.  The winner will have fourteen (14) days from the date the notification was sent to claim their Prize by responding to the Promoter’s email (“Claim”).
     
20. In the event that the winner is unreachable, ineligible, or fails to Claim the Prize in the time required, the winner shall forfeit their Prize and the Prize may be awarded to a runner-up in accordance with these Terms and Conditions. 

Use of the Entries / Content by the Promoter

21. The Promoter will not publish Content produced by the Participants on any of its websites or any social networking website any and all Content received by it in connection with this Competition at any time and for any reason, without written consent from the user. 
     
22. All Participants hereby provide a non-exclusive, royalty-free, irrevocable, perpetual, transferable licence to the Promoter to use the Content submitted for any purpose, including without limitation for advertising the Promoter’s products. The Participants hereby waive all moral rights they have in the Content submitted to the fullest extent permitted by law.
     
23. Each Participant warrants that they are the person who created the Content submitted to this Competition and that all Content adheres to the Content Guidelines. The Participant shall indemnify the Promoter and hold it harmless from and against any losses, damages, liabilities, obligations, claims, actions and demands, including without limitation reasonable legal fees, arising directly or indirectly from any breach of warranty set out in this clause.

Privacy and Data Protection

24. Other than as set out in these Terms and Conditions or for the purposes of operating the Promotion, the Promoter will not use any personal information provided by the Participant when entering the Competition or claiming the Prize for any promotional purpose, nor shall any personal information be passed to any third party.

the details and information provided by the Participant when entering the Competition or claiming the Prize will not be used for any promotional purpose by the Promoter, nor shall they be passed to any third party. 

25. Each Participant hereby consents to their personal information being used for the purpose of entering the competition and claiming the prize. For more information about the Promoter’s data privacy practices, please see Promoter’s privacy policy available at https://www.samsung.com/us/account/privacy-policy/. The Participant may withdraw consent to use of their personal information by writing to the Promoter at the address set forth above. 

General

29. 
    29. The Promoter shall not be liable for any interruption to this Competition whether due to force majeure or other factors beyond the Promoter’s control.
     
30. The Promoter reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the Terms and Conditions of this Competition.
     
31. The Promoter will not be responsible or liable for: (a) any failure to receive Entries due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or entries; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or (e) any printing or typographical errors in any materials associated with the Competition.
     
32. By entering the Competition, the Participant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition or with the acceptance, possession or use of the Prize.
     
33. All federal, state and local taxes and all other costs associated with Prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. Prize will be provided “as is” with no warranty or guarantee, either express or implied by Promoter. 
     
34. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Participant and Promoter in connection with the Competition, shall be governed by, and construed in accordance with, the substantive laws of the State of New Jersey, USA.