OFFICIAL CONTEST RULES (THE “RULES”)

 

SAMSUNG CANADA – SAMSUNG EXPERIENCE STORE SES HOLIDAY PRIZE CONTEST (THE “CONTEST”)

OPEN TO ALL RESIDENTS OF CANADA (EXCLUDING QUEBEC)

 

THE CONTEST IS SPONSORED BY SAMSUNG ELECTRONICS CANADA INC. (“CONTEST SPONSOR”), 2050 DERRY ROAD WEST, MISSISSAUGA, ON L5N 0B9. THE CONTEST IS ADMINISTERED BY MOSAIC SALES SOLUTIONS CANADA OPERATING CO. AND OSL RETAIL SERVICES, INC. (COLLECTIVELY, THE “CONTEST ADMINISTRATORS”), 100 LIBERTY STREET TORONTO, ON M6K 3L7.

READ CAREFULLY: This Contest will run in accordance with these Rules. The Contest Sponsor reserves the right, subject to any required approval of any regulatory authorities, to cancel, amend, modify or terminate this Contest or these Official Rules at any time in its sole discretion and without further notice. Changes to these Rules will be posted online at https://117.p.syniva.es/ca/samsung-experience-store/about/You must comply with these Official Rules and by participating in the Contest, you hereby agree to these Official Rules.

CONTEST PERIOD:

The Contest it will begin at 10 a.m. Eastern Standard Time (“ET”) on December 7, 2024 and ends at 12 a.m. EST on January 1, 2025 (“Contest Entry Period”).

 

By region it will run the following dates and times:

·         BC, Canada: 7 a.m. PST on December 7, 2024 and ends at 9 p.m. PST on December 31, 2024

·         ON, Canada: 10 a.m. EST on December 7, 2024 and ends at 12 a.m. EST on January 1, 2025

ELIGIBILITY:

No purchase necessary. Void where prohibited. Contest is open to legal residents of Canada, excluding residents of Quebec, during the Contest Period who have reached the age of majority in their province or territory of residence (or, if under the age of majority, have the consent of their parent or legal guardian to participate in the Contest). Employees of the Contest Sponsor or the Contest Administrators, or third-party organizations that are supporting the Contest Sponsor or Contest Administrators with the promotion, and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors and suppliers (collectively the "Contest Entities"), and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of any of the foregoing individuals, whether or not related, are ineligible to participate or win a prize. Subject to all applicable federal, provincial and local laws and regulations.

 

HOW TO ENTER:

To enter into the Contest, you must complete all of the steps noted below:

 

a.      Visit  a Samsung Experience Store (“SES”) during operational hours  at one of the following locations:

·         Sherway Gardens (25 The West Mall, Unit 3020, Toronto, ON M9C 1B8)

·         Yorkdale (3401 Dufferin Street, Unit 508, North York, ON M6A 2T9)

·         Metropolis at Metrotown (4700 Kingsway, Unit 1132, Burnaby, BC V5H 4M1)

·         Southgate (5015-111 Street NW, Unit #K9, Edmonton, AB T6H 4M6)

·         Square One (100 City Centre Drive, Unit 1-K04,  Mississauga, ON, L5B 2C9)

·         Scarborough Town Centre (300 Borough Drive, Unit 0759K, Scarborough, ON M1P 4P5)

·         Bramalea City Centre (25 Peel Centre Drive, Unit 904K, Brampton, ON L6T3R5)

b.      Speak with a store representative to take part in the Samsung portrait studio activation.

c.       Prior to taking part in the Samsung portrait studio activation, please read and accept these Rules and sign up for the Contest by filling out the information on a Galaxy tablet provided by an SES representative.

d.      Follow the SES store representative’s instructions to complete the Samsung portrait studio activation where you will be guided to take a selfie on a Samsung mobile device and customize the picture using Galaxy AI features (“Participant-Generated Content”).

 

Each Entry must be made during the Contest Period using the mechanism set out above.  There is a limit of one (1) entry per person per participating Samsung Experience Store in Canada. Entries must be received before the Contest Period expires. Entries that are in any way duplicated, fraudulent, illegible, altered, mutilated or tampered with.

 

By submitting An entry, YOU agree that your entry complies with all conditions stated in these Rules. The RELEASED parties (as defined below) will bear no legal liability, expressed or implied, REGARDING YOUR ENTRY by the CONTEST Sponsor.  THE RELEASED parties SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

 

PRIZE:

There is a total of one prize pack consisting of the following:

 

1.      One (1) Z Fold 6/ SM-F956WZSAXAC (valued at $ 2564.99 based on MSRP)

2.      One (1) GB5 Pro 360/ NP960QHA-KG2CA (valued at $ 2199.99 based on MSRP)

3.      One (1)  Buds3 Pro/SM-R630NZAAXAC (valued at $ 329.99 based on MSRP)

4.      one (1) Watch 40mm BT/SM-L300NZEAXAC (valued at $ 489.99 based on MSRP)

 

(each of the above a “Prize” and collectively, the “Prize Pack”)

 

Product Name	Manufacturer SKU	MSRP (Unit Price)
Galaxy Z Fold 6 [256 GB]	SM-F956WZSAXAC	$ 2564.99
Galaxy Book5 Pro 360, 16GB	NP960QHA-KG2CA	$ 2199.99
Galaxy Buds3 Pro	SM-R630NZAAXAC	$ 329.99
Galaxy Watch7 (Bluetooth, 40mm)	SM-L300NZEAXAC	$ 489.99

 

Each participant shall be eligible to win one (1) Prize Pack. The Prize Pack must be accepted as awarded without substitution and is not redeemable for cash.  The Prize Pack, or a Prize may be substituted by the Contest Sponsor only with an alternate prize of equal or greater value in the Contest Sponsor’s sole discretion, subject to any required regulatory approvals.

DRAW:

There will be one (1) winner selected to win the Prize Pack in a draw conducted by Mosaic sales solutions CANADA operating co.  at or about 5:00 pm ET on January 2^nd, 2025 (the “Draw Date”) at 100 Liberty St., Toronto, ON, L4W 4V9, from all eligible entries received during the Contest Period. If you are determined by the Contest Sponsor, in the Contest Sponsor's sole discretion, to have failed to comply with these Contest Rules, you will be disqualified from the Contest and all related entries shall be deemed null and void. Odds of winning depend upon the total number of eligible entries received during the Contest Period.

 

If you are determined by the Contest Sponsor, in the Contest Sponsor's sole discretion, to have failed to comply with these Contest Rules, you will be disqualified from the Contest and all related entries shall be deemed null and void. Odds of winning depend upon the total number of eligible entries received during the Contest Period.

 

Mosaic sales solutions CANADA operating co. will make three (3) attempts to contact you via email or telephone within 72 hours of the Draw Date.  If you cannot be contacted within three (3) attempts or 72 hours of the Draw Date (whichever occurs first) or if you decline the Prize Pack, then you will be disqualified and an alternate contestant will be randomly selected from among the remaining eligible entries.  The process noted above will be repeated until a selected contestant has been contacted and the Prize Pack has been awarded in accordance with these Rules or Contest Sponsor runs out of eligible entries, whichever occurs first.

 

IF YOU ARE A SELECTED CONTESTANT, YOU MUST, BEFORE BEING DECLARED A WINNER: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill testing question; and (ii) execute and deliver to the Contest Sponsor within the time specified by the Contest Sponsor a Declaration of Eligibility and Waiver of Liability Form (the “Waiver”) in a form acceptable to the Contest Sponsor, confirming your compliance with these Rules, acceptance of the Prize Pack as awarded without substitution, and releasing the Contest Sponsor and Contest Administrators, its affiliates and related third parties, advertising and promotional agencies and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (collectively the “Released Parties”) from any liability in connection with this Contest, your participation therein and/or the awarding and use/misuse of the Prize Pack or any portion/Prize thereof. If you are under the age of majority in your province or territory of residence, you must have a parent or legal guardian co-sign the Waiver in order to receive the Prize Pack.

If you are a selected Contestant, the Prize you have won will be delivered by the Contest Sponsor to you at the address provided on the Waiver within 6-8 weeks of receipt by the Contest Sponsor of the executed Waiver. Risk of damage to and/or loss of the Prize passes to the selected contestant immediately upon the selected contestant’s receipt of the Prize.

Declining the Prize, failing to return one of the attempts to contact you within the times noted above, failing to comply with these Rules, failing to correctly answer the mathematical skill testing question or failing to execute and deliver to the Contest Sponsor the Waiver within the specified time will cause the Prize Pack to be forfeited by you and a new random draw from the remaining eligible entries will be conducted to select another contestant in accordance with the provisions noted above.

 

GENERAL CONDITIONS:

AGREEMENT: By entering the Contest, you agree to the publication, reproduction and/or other use of (i) your name, city of residence, statements about the Contest, and photograph or other likeness, without further notice or compensation, in any publicity or advertisement carried out by the Contest Sponsor or its advertising and promotion agencies in any manner whatsoever, including print, broadcast or on the Internet. 

 

All Entries become the property of the Contest Sponsor and shall in no case be acknowledged upon receipt or returned to you.  This Contest is subject to all applicable federal, provincial, territorial and municipal laws and regulations.  The decisions of the Contest Sponsor with respect to all aspects of this Contest are final and binding on you without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries.

 

PRIZE: The Prize does not include any ancillary services, products or data usage or other plans whatsoever.  The Prize is provided “as is”, and, except with the manufacturers standard warranty provided with the Prize, is without any representations, warranties or conditions whatsoever, express or implied, and the Contest Sponsor expressly disclaims any and all such representations, warranties and conditions.  Contest Sponsor is responsible for delivery of the Prize within a reasonable period of time. If you are a selected contestant, you are solely responsible for the reporting and payment of any taxes related to the receipt of the Prize.

 

RESPONSIBILITY: The Contest Sponsor does not assume any responsibility for lost, stolen, delayed, damaged, illegible or misdirected entries or entries that have been submitted through illicit means or do not conform to these Rules, or for failure of the Contest form during the Contest Period, or for any problems or technical malfunction of any telephone network or lines, computer systems, servers, access providers, equipment, software, or for failure of any email or for traffic congestion on the internet or at any website, or any combination of any of these, or for any injury or damage to your computer or that of any other person including where such injury or damage is related to or arising from submitting an entry or playing or downloading any material in connection with this Contest. 

 

The Contest Sponsor reserves the right, in its sole discretion, to cancel or modify this Contest should the technological security, physical security or proper administration of the Contest be compromised for any reason.

 

You may be required to provide proof that you are the authorized account holder of the email address associated with the selected Entry and that you have all necessary consents, permissions and/or licenses as required by these Rules.    All Entries are subject to verification by the Contest Sponsor in its sole discretion.  The Contest Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor) to participate in this Contest.  Failure to provide such proof in a timely manner may result in disqualification.  You may also be required to provide proof that you are the contestant in respect of the selected Entry.  The Contest Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the Entry process. ANY ATTEMPT BY YOU OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

RELEASE AND INDEMNITY: By entering this Contest, YOU HEreby release and hold harmless each of the released parties from any liability, claim OR damage (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, BODILY INJURY, DISABILITY, DEATH, PROPERTY DAMAGE AND LOSS OR DAMAGE OF ANY OTHER KIND) arising DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, from or in connection with this Contest or participation in any Contest related activities, or any breach of YOUR representations and warranties, OR ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF PERSONAL INFORMATION, OR ANY ALLEGATION THAT YOUR ENTRY VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT or, if declared a winner, The prize (INCLUDING ANY USE OR MISUSE OF The PRIZE).

 

YOU WILL HOLD ALL OF THE RELEASED parties HARMLESS IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

 

this RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR THE AWARDING OF THE PRIZE.

 

PERSONAL INFORMATION: The Contest Sponsor and Contest Administrators are collecting personal information about you for the purpose of administering this Contest.  Your personal information will be used for the administration of the Contest, including contacting selected contestants, the awarding of the Prize and in aggregated, non-personal form in order to create reports regarding contestant demographics and consumer habits, which reports the Contest Sponsor may disclose to others.  By entering this Contest, you consent to the collection, use, storage, sharing and disclosure by the Contest Sponsor (and its officers, directors, employees, agents or representatives) of the personal information provided by you in Contest entries in accordance with the Contest Sponsor's privacy policy (available at http://117.p.syniva.es/ca/info/privacy.html) and the Rules.

 

INFORMED CONSENT AND PUBLICITY CONSENT: By entering this contest, you authorize the Contest Sponsor and Contest Administrators the unrestricted and irrevocable right to photograph and otherwise record your image and likeness during and in connection with your participation in the Contest, in which you have voluntarily agreed to participate; and (2) grant to the Contest Sponsor the unrestricted and irrevocable right to use, publish, reproduce, edit, adapt, modify, exhibit, project, distribute, publically display, create derivative works and otherwise exploit such photographs and recordings, and your name, image, likeness, and appearance (collectively, the “Image Rights”), for any and all purposes, including without limitation promotional and other commercial purposes, in any form of media now known or later developed (including without limitation print, digital, electronic, visual, broadcast, Internet and social media, or otherwise), individually and in conjunction with other content, throughout the world and beyond into perpetuity.

You release and waive any claims whatsoever in connection with the use of the Image Rights as expressly authorized above, including, without limitation, any claim of rights of privacy, publicity, copyright infringement, defamation, moral rights, or credit. You also release and waive any right you may have to inspect or approve the Image Rights or any use thereof as expressly authorized above. Additionally, you waive the right to any royalties or other compensation arising or relating to the use of the Image Rights.

 

You understand and agree that the photographs and recordings created during and in connection with the Contest will become the property of the Contest Sponsor, including the copyrights therein, and that the Contest Sponsor shall have the right, but no obligation, to use the Image Rights as expressly authorized hereunder.

 

You hereby hold harmless and release and forever discharge the Contest Sponsor along with the Contest Administrators and all persons, corporations or legal entities acting with its permission or upon its authority, from any and all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other person acting on your behalf or on the behalf of your estate have or may have by reason of this agreement or the use of the Image Rights as authorized hereunder.

 

You acknowledge that the Contest Sponsor and Contest Administrators are conducting its activities in express reliance upon the foregoing, and you represent and warrant that you are free to grant the rights granted to Contest Sponsor and Contest Administrators hereunder, unencumbered and without reservation and that you are not a party to any other existing agreement which would prevent you from entering into this agreement or granting the above rights to Contest Sponsor and Contest Administrators or which would cause the terms of this agreement not to have full force and effect.  You further represent and warrant that any statement that you make with respect to my positive opinion or endorsement of the Samsung brand and/or Samsung products is a true reflection of your beliefs, findings and opinions.

 

PARTICIPANT-GENERATED CONTENT: By participating in this Contest, YOU agree that the PARTICIPANT-GENERATED CONTENT complies with all conditions stated in these Rules. The Contest Sponsor and Contest Administrators will bear no legal liability, expressed or implied, regarding the use of the PARTICIPANT-GENERATED CONTENT by the Contest Sponsor and Contest Administrators. The Contest Sponsor and Contest Administrators SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

 

THE DISPLAYING OF YOUR PARTICIPANT-GENERATED CONTENT DOES NOT CONSTITUTE ACCEPTANCE THAT YOUR PARTICIPANT-GENERATED CONTENT COMPLIES WITH THESE RULES, INCLUDING YOUR REPRESENTATIONS AND WARRANTIES LISTED BELOW.  YOUR PARTICIPANT-GENERATED CONTENT MAY BE REMOVED AT ANY TIME IN THE EVENT THAT THE ADMINISTRATOR DETERMINES THAT YOUR PARTICIPANT-GENERATED CONTENT FAILS TO COMPLY WITH THESE RULES, INCLUDING YOUR REPRESENTATIONS AND WARRANTIES LISTED BELOW.

 

YOUR REPRESENTATIONS AND WARRANTIES:

You represent and warrant that your Participant-Generated Content:

 

(a)    is original and that you have or have obtained all necessary rights in and to the Participant-Generated Content and all of its components to enter the Participant-Generated Content in this Promotion. For example, you must have permission to use any and all artwork, and photographs contained in the Participant-Generated Content, as well as consent of the photographer, if applicable;

(b)   does not violate any law, statute, ordinance or regulation;

(c)    does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals (and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence);

(d)   will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and

(e)   is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:

(i)                  nudity, explicit, graphic or excessive sexual activity;

(ii)                crude, vulgar or offensive language and/or symbols;

(iii)              derogatory characterizations or generalizations of any ethnic, racial, sexual or religious groups;

(iv)              content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;

(v)                personal information of individuals, including without limitation, names and addresses (physical or e-mail);

(vi)              photographs or images of individuals unless consent has been obtained;

(vii)            conduct or other activities in violation of these Rules;

(viii)          commercial messages, claims, comparisons or solicitations for products or services, other than Samsung products or services;

(ix)              any identifiable third party products and/or trade-marks, brands, logos or copyright.  For example, any clothing worn by persons appearing in the Participant-Generated Content must not contain any visible/identifiable logos, trade-marks or other third party materials, unless the necessary permissions/licenses have been obtained; and

(x)                any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Administrator in its sole discretion.

 

YOUR REPRESENTATIONS AND WARRANTIES ARE CONTINUING REPRESENTATIONS AND WARRANTIES. THEY MUST BE TRUE AT ALL TIMES DURING THIS CONTEST, IRRESPECTIVE OF WHETHER YOUR PARTICIPANT-GENERATED CONTENT IS POSTED.

 

LICENCE TO USE PARTICIPANT-GENERATED CONTENT

By taking part in this Contest and uploading the Participant-Generated Content, you: (i) grant to the Contest Administrators and Contest Sponsor, in perpetuity, an exclusive license to publish, display, reproduce, modify, edit or otherwise use the Participant-Generated Content, in whole or in part, for advertising or promoting this Contest or for any other reason; (ii) waive all moral rights in and to the Participant-Generated Content in favour of the Contest Sponsor and Contest Administrators; and (iii) agree to release and hold harmless the Contest Administrators and Contest Sponsor and each of their respective agents, employees, directors, successors, and assigns against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.

 

At any time during or subsequent to this Contest, the Contest Sponsor and Contest Administrators may, in its sole discretion, modify, edit or remove any Participant-Generated Content, or request that you modify or edit your Participant-Generated Content, if a complaint is received with respect to the Participant-Generated Content, or for any other reason.

 

 

SEVERABILITY: If any provision of these Rules or its application to any entrant or circumstance is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, it will be ineffective only to the extent of its illegality, invalidity of unenforceability without affecting the validity of the enforceability of the remaining provisions of these Rules and without affecting its application to other entrants or circumstances.