GS Solutions, Inc.
6 Wrigley, Irvine, California 92618
Apple Watch Giveaway Promotion
GS Solutions, Inc. (“Sponsor”) is offering a promotional giveaway of two Apple Watches Series II at the 2016 North American Spine Society Conference (“Promotion”). NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
There will be two separate drawings, one drawing will be for the Sponsor’s existing vendor pool, and another separate drawing will be for non-vendor pool. There will be a prize of an Apple Watches Series II for each drawing.
- Eligibility: Entrant must be at least 18 years old as of October 26, 2016 and a resident of the fifty (50) United States and the District of Columbia. Employees of the Sponsor, the Sponsor’s parents, subsidiaries, affiliated companies, and agents and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each such employees, and all those with whom such employees are domiciled, are NOT eligible.
Pursuant to applicable Federal and State regulations, health care professionals are not eligible to participate in this Promotion, including health care professionals’ parents, subsidiaries, affiliated companies, and agents and the immediate family (defined as parents, spouse, children, siblings, grandparents).
Entrants must also meet all other eligibility requirements as set forth herein.
- Timing: The Promotion is valid from October 26, 2016, through October 29, 2016, during the Sponsor’s hours of booth operation at the conference, 8:00 A.M. – 6:00 P.M.
- How to Enter: Simply drop a business card into the respective drawing receptacle, Vendor or Non-Vendor pool, during the Sponsor’s hours of operation of its booth during conference hours. Only one (1) entry is allowed per person. In order to assure fairness of chance per drawing, any additional entries by the same person will void all entries for that person. No other method of entry is accepted. Entry into this Promotion is solely for this Promotion and shall not be applicable to any other promotion by the Sponsor.
By participating in this Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
- Vendor/Non-Vendor Classification: In order to be classified as a Sponsor’s Vendor, the entrant must have an existing finalized business contract with the Sponsor that has at least one (1) confirmed paid order with the Sponsor as of 12:00 a.m. on October 26, 2016, during the 2016 year.
Non-Vendor entrants must have no existing finalized business contract with the Sponsor or have any confirmed paid order with the Sponsor within the 2016 year.
Any Vendor entrant entered into the Non-Vendor pool, and vice versa, will disqualify the entrant from the Promotion and is considered a violation of eligibility rules.
- NO PURCHASE NECESSARY: A purchase with the Sponsor does not improve an entrant’s, Vendor or Non-Vendor, chances of winning. Promotion is open to anyone 18 and older who are residents of the fifty (50) United States and the District of Columbia. All entries must be received in the respective drawing receptacle, Vendor or Non-Vendor, during the Sponsor’s hours of operation of its booth during conference hours. Acceptance of a prize constitutes the winners’ permission to use their names, employer’s name, likenesses, cities and states, and to be photographed for advertising and publicity purposes without additional compensation except where prohibited by law. All federal, state and local laws and regulations apply. Void where prohibited by law.
- Drawings: This Promotion will have two (2) drawings and two (2) prize winners. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements. For each prize, a potential winner will be selected in a random drawing from all entries received during the applicable timeframe. The drawing will be conducted on or about November 5, 2016, by the Sponsor, whose decisions are final and binding in all matters relating to the Promotion. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by e-mail, mail, or phone on or about November 12, 2016. If a potential winner cannot be contacted within fourteen (14) days after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place at random from all entries received for the respective pool.
- Prizes: The following prizes will be awarded: Two Apple Watch Series II.
Total Approximate Retail Value of All Prizes: $798.00 ($399.00 each Apple Watch Series II). The Sponsor is not responsible for lost or mutilated prizes and none will be replaced. Prize is nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor in the event that the prize cannot be awarded for any reason, in which case, the Sponsor will provide a prize of equal or greater value. All taxes, fees and surcharges on prizes and the reporting of the same are the sole responsibility of the winners.
- General Liability Release/Force Majeure: Acceptance of a prize constitutes winner’s permission for the Sponsor to use the winner’s name, winner’s employer name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond the Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event an insufficient number of eligible entries are received and/or the Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, extend or terminate the Promotion. If the Promotion is terminated before the designated end date, the Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of the Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Other Terms and Conditions: Potential winners will each be required to sign and return an Affidavit of Eligibility, Liability Release, and where lawful, a Publicity Release (collectively “Releases”), within fourteen (14) days of notification via e-mail, mail, or phone. Failure to timely return executed Releases by potential winner will disqualify the winner and another winner will be selected in the place of the disqualified person at random from all entries received in the respective pool. If any prize or prize notification is returned as non-deliverable, the potential winner will be disqualified and another potential winner will be selected in the original potential winner’s place until the prizes have been effectively received by the potential winners and all eligibility requirements have been met. By accepting the prize, the winner agrees that the Sponsor and those acting under the Sponsor’s authority, may use winner’s name, employer, picture/portrait likeness and/or voice, for advertising and promotional purposes without further consideration, unless prohibited by law.
BY ACCEPTING THE PRIZE, THE WINNER AGREES THAT THE SPONSOR, ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THE SPONSOR’S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES OR PARTICIPATION IN THIS PROMOTION OR PARTICIPATION IN ANY PROMOTION OR PRIZES RELATED ACTIVITY. Without limitation, a potential winner’s acceptance of prizes related to this Promotion are provided “as is” without warranty of any kind, express or implied. The Sponsor disclaims all such warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose and/or infringement or non-infringement. All applicable warranties as to any prizes will be solely of the manufacturer and seller of the prize. Subject to all federal, state and local laws. Void where prohibited.
- ARBITRATION PROVISION: By participating in this Promotion, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in California; (iv) 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 Promotion; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or the Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against the Sponsor shall exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, the Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither the entrant nor the Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
- Miscellaneous: All entries become the sole property of the Sponsor and none will be returned. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the qualified and has met all the perquisite of Rules as set forth herein. If for any reason the Promotion is not capable of running as planned, including but not limited to due to tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Sponsor, that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, the Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this promotion. The Sponsor is not responsible for late, lost, illegible, incomplete, stolen, or misdirected entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Use of Information: The collection and use of entrant information will be limited to the winner’s name, winner’s employer’s name, picture/portrait likeness and/or voice, for advertising and promotional purposes without further consideration, unless prohibited by law.
- Winners List: Identity of prizewinners will be available upon request at on or about December 12, 2016.
- Sponsor: The Sponsor of this Promotion is GS Solutions, Inc., 6 Wrigley, Irvine, California 92618.