TAB S3 CAMPAIGN
Jupiter Project Terms and Conditions
1. Samsung Electronics New Zealand Limited ("Samsung"), in association with Jupiter Project, is celebrating the launch of the Tab S3 with you by giving you the chance to contribute to a Jupiter Project track. These terms and conditions ("Terms") apply to the Tab S3 Jupiter Project promotion whereby participants submit entries that include sounds on Instagram to be included in an upcoming track (“Track”) produced by Jupiter Project and Jupiter Project select four entries to be included in the Track ("Promotion").
2. It is important that you read these carefully as they set out the eligibility criteria, the rules of the Promotion and all the rights that you grant to Jupiter Project and Samsung, including the rights to your entry.
The Promotion will commence at 9.00am on 17 July 2017 and will close at 5.00pm on 24 July 2017 ("Promotion Period"). All entries must be received before the Promotion Period ends to be eligible to be included in the Track. Subject to Samsung’s approval which (may be provided at any point), Jupiter Project shall have discretion to accept entries after the promotion period ends.
The Promotion is only open to individuals who:
(a) meet all criteria (including the Eligibility Criteria noted below) set out in these Terms throughout the Promotion Period;
(b) are New Zealand residents; and
(i)are 18 years or older; or
(ii)if the participant is not 18 years or older, Samsung may require may require a parent or guardian to sign these Terms as a condition of entry, in which case (i) both you and your child will be considered "you" for purposes of these Terms, and (ii) you are solely responsible and liable for ensuring your child's full compliance with these Terms,
(d) (“Entrant” or “you”).
5. The Promotion is not open to individuals who:
(a) are employed by Samsung; or
(b) are employed by RAW Marketing.
6. Entry into the promotion is deemed acceptance of the Terms by the Entrant and acknowledgment that they satisfy all eligibility criteria.
HOW TO ENTER & ENTRY REQUIREMENTS
7. Notwithstanding that the Promotion shall be marketed on a multi-channel basis, entries may only be considered where Entrants have made an Instagram post using the hashtag #SoundsLikeSamsung in the same Instagram post that includes their submitted entry ("Entry" or "Entries"). Use of the hashtag #SoundsLikeSamsung by you in your Entry constitutes your full and unconditional agreement to and acceptance of these Terms.
8. You may enter multiple times, but each individual or group Entrant is only eligible for one Entry to be included in the Track. Notwithstanding the restriction on multiple entries in this clause 8, Jupiter Project may in its sole discretion allow multiple Entries from an individual or group to be included in the Track.
9. By making an Entry, each Entrant hereby assign away and transfer any and all rights in their Entry on a worldwide, perpetual, irrevocable, transferable and royalty-free basis, for any and all purposes including but not limited to combining the Entry as part of the Track, display, public performance, posting for streaming and/or download, making of derivative works, reproduction, distribution, and all other means of exploitation of the Entries.
10. By entering the Promotion, you agree: (a) that Jupiter Project and Samsung have the right to use your Entry and your name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for and by Jupiter Project or Samsung, and in connection with this Promotion or other promotions by Samsung as Samsung sees fit without any further notification or compensation to or of you; and (b) Jupiter Project or Samsung have no obligation (express or implied) to use any Entries in any manner and you will not be entitled to any damages or other relief by reason of Jupiter Project or Samsung’s joint or separate use or non-use of an Entry.
11. By entering this Promotion, you agree to do all things including deliver any and all documents or information to Jupiter Project or Samsung as they may reasonably require to effectuate the rights and obligations granted in these Terms.
12. The Entrant warrants that all information provided by them is correct and that all sounds provided are the Entrant's own property. The Entrant also warrants that any entry submitted as part of an Entry does not infringe any third party rights including, but not limited to, any third party intellectual property rights.
13. To the extent an Entry infringes these Terms including but not limited to infringing a third party's rights, the Entrant agrees to indemnify and hold Jupiter Project and Samsung and their respective agents and associated entities harmless from all claims, loss or damages suffered by them in connection with or arising out of the Entrant's breach.
14. Entries must not be offensive, defamatory or racist, breach the Harmful Digital Communications Act 2015 or otherwise be inappropriate. Any Entry which Jupiter Project or Samsung deems to be in breach of this clause 14 will be invalid without any further notification or compensation to or of you.
15. Jupiter Project or Samsung reserve the right to evaluate each Entry, including but not limited to compliance with these Terms as well as for compliance with all applicable laws.
SELECTION OF YOUR ENTRY
16. Subject to the approval of Samsung, Jupiter Project shall select four Entries to be included in the track ("Selected Entry"). Notwithstanding this clause 16, Jupiter Project may (subject to any approval required by Samsung) select more than four Entries to be included in the Track.
17. Provided that there is no guarantee that any Entry will be used in the Track, Entrants of Selected Entries will be notified that their Entries has been selected to be a part of the Track. No correspondence will be entered into with any person whose Entry is not a Selected Entry.
18. Jupiter Project may modify or edit a Selected Entry to ensure the audio quality or for any purpose that Jupiter Project deem necessary or desirable. Jupiter Project may undertake, or instruct its representatives to undertake, such reasonable editing or modifications.
USE OF SELECTED ENTRIES INCLUDING YOUR PHOTO AND PERSONAL INFORMATION
19. Selected Entries may be used by Jupiter Project or Samsung in the Tab S3 campaign, including but not limited to, in the following ways:
20. Featured in social media posts from Jupiter Project and Samsung accounts across Twitter, Instagram, Facebook and Snapchat.
21. Performed live to a small audience, then shared across guests’ social media channels.
22. Credited in the finished track copy.
23. Subject to any approval required by Samsung:
(a) Jupiter Project reserve the right to modify, cancel, terminate or suspend the Terms and Promotion at any time, subject to any regulatory obligations they may have; and
(b) Jupiter Project’s decision in relation to any aspect of the Promotion will be final and binding on every person who enters.
24. Each Entrant acknowledges and agrees that:
(a) the Promotion is administered by Jupiter Project in association with Samsung;
(b) the Promotion is in no way sponsored, endorsed, administered by, or associated with, Facebook, Instagram or any other platform;
(c) they are providing information to Jupiter Project and Samsung and not to Facebook, Instagram or any other platform; and
(d) to the fullest extent permitted by law, Facebook, Instagram and/or any other platform (including its officers, employees, and agents), will not be liable in any way (including negligence) for any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion.
25. Any cost associated with accessing the app/Instagram and/or any other platform is the Entrant's responsibility and is dependent on the internet service provider used.
26. Jupiter Project and Samsung separately and jointly take no responsibility for loss or injury suffered by an Entrant (including the Entrant of a Selected Entry) as a result of them Entering this Promotion or their Entry being selected, except as required by law.
27. For Selected Entries, the Entrant's first and last names (which form part of their successful Entry) may be used within an announcement post in connection with the Promotion or in the Tab S3 Campaign, including as detailed above at clause 19.
28. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
29. Jupiter Project or Samsung reserve the right, at any time, to verify the validity of Entries, Entrants and Entrants and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms or who tampers with the Entry process. Failure by Jupiter Project or Samsung to enforce any of their rights at any stage does not constitute a waiver of those rights.
30. Jupiter Project or Samsung assume no responsibility for:
(a) any error, omission, interruption, or delay in the operation or transmission of any communication including, but not limited to, submitting any Entry whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;
(b) any theft, destruction or unauthorized access to, or alteration of such communications; or
(c) any problem with, or technical malfunction of, or capability issue (or lack thereof), relating to any computer system, smart phone or other equipment used for the conduct of the Promotion.
31. If, for any reason, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of Jupiter Project or Samsung, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, Jupiter Project or Samsung reserve the right in its sole discretion to take any action that may be available, subject to any New Zealand laws and/or regulations.
32. Jupiter Project or Samsung will not be liable if the Promotion cannot be run, an Entry cannot be selected due to an event not reasonably within its control having exercised reasonable diligence, including but not limited to if there is a fire, storm, flood, earthquake, act of God, war (whether declared or undeclared), acts of terrorism, industrial dispute, blockade, lightning, explosion or meteor event, governmental restraint, expropriation or prohibition.
33. Except for any liability that cannot be excluded by law, Jupiter Project or Samsung (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:
(a) any technical difficulties or equipment malfunction (whether or not under the Jupiter Project’s control);
(b) any theft, unauthorised access or third party interference;
(c) any Entry that is late, lost, altered, or misdirected (whether or not after its receipt by Jupiter Project) due to any reason beyond the reasonable control of Jupiter Project;
(d) any variation to the use of a Selected Entry to that stated in these Terms; or
any tax liability incurred by an Entrant.
34. Jupiter Project or Samsung, in their sole discretion, reserve the right to cancel, suspend, terminate or modify the Promotion or any part of the Promotion if fraud, technical failures or any other factor beyond Jupiter Project or Samsung’s reasonable control adversely affects its ability to conduct the Promotion or part of the Promotion as contemplated in these Terms. Any cancellation or modification to the Promotion will be notified on any of Jupiter Project or Samsung’s social media pages.
35. These Terms are governed by New Zealand law.