#TEAMGALAXY CREATOR APPLICATION TERMS AND CONDITIONS
I agree that the following terms and conditions (the “Terms”) will govern my application to participate in the Samsung Electronics America, Inc. (“Samsung”) #TeamGalaxy Creator Program (the “Program”), and that by submitting the application form available at www.samsung.com/us/explore/samsung-within/team-galaxy/creators-application/(“Application”). I hereby unconditionally and irrevocably agree to the following:
1. Eligibility for Program and Opt-In: I represent and warrant that (i) I am competent to agree to these Terms and free to grant the rights granted hereunder, unencumbered and without reservation, (ii) I knowingly and freely assume and accept full responsibility for any and all risks, whether known or unknown to me, arising out of the submission of my Application, (iii) I am at least the age of majority in my jurisdiction of residence (18 in most states, 19 in AL/NE and 21 in MS) and not legally incapacitated, and (iv) I am a legal U.S. resident authorized to work in the United States. In addition, if I am selected by Samsung to participate in the Program, I represent and warrant that (a) I shall comply with all stated instructions, guidelines, terms and conditions applicable to my participation, and (b) I am in good physical health and do not suffer from any physical or mental condition which could prevent me from safely participating.
2. Application:
a. I acknowledge and agree that (i) submitting my Application in no way guarantees that I will be contacted by Samsung or its agency, or that I will be selected to participate in the Program, (ii) the information that I provide in my Application will be made available to Samsung and its agency, (iii) I may be required to provide additional information in connection with my Application if requested by Samsung or its agency, and (iv) submission of my Application is completely voluntary.
b. I represent and warrant that I will personally submit my application and that all the information in my Application will true and accurate, and I further agree that, if Samsung determines that my Application was submitted by a third party or that it contains any false or inaccurate statements, then my Application may be rejected and, if applicable (i.e., if I have been accepted into the Program), my participation in the Program may be terminated in Samsung’s sole discretion.
3. Program Details:
a. I agree that if I am selected to participate in the Program, I will enter into a separate agreement with Samsung’s agency that will govern my participation in the Program. Samsung will not be a party to that agreement and Samsung’s agency will manage my day-to-day involvement with the Program. To the extent that the Program may have different “Tiers” of participation, neither Samsung nor its agency makes any representation regarding in which, if any, “Tier” I will be placed.
b. I understand that participation in the Program may provide me with opportunities to appear and/or livestream game play on the Samsung social media feeds and website, receive products and services from Samsung, access special events, and more. I also understand that none of these opportunities are guaranteed.
4. Submission Policy: I acknowledge and agree to the Program Application Submissions Policy, which states the following:
a. Samsung is pleased to receive Applications for the Program, however Samsung's long-standing company policy does not allow it to accept or consider creative ideas, show designs, photographs, drawings, or original artwork, suggestions for new products or product improvements, suggestions for technologies, methods, techniques, processes, inventions, marketing plans, or any materials other than those it has specifically requested (“Unsolicited Submissions”). We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Samsung's or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any Unsolicited Submissions as part of your Application.
b. Applications and Unsolicited Submissions (collectively “Submissions”) will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Samsung or its agency, and neither Samsung nor its agency shall be liable for any use or disclosure of any Submissions. You agree and understand that Samsung is not obligated to use any Submission you make in connection with the Program and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Samsung is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Samsung does not place Samsung in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Samsung has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Samsung's own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation, credit or other consideration as a result of Samsung's use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Samsung's actual or alleged exploitation or use of any Submissions, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
5. Miscellaneous:
a. Samsung reserves the right to, at any time in Samsung’s sole discretion (i) stop accepting applications, (ii) change the Program, and/or (iii) end the Program.
b. I agree to keep confidential any proprietary information that I learn about Samsung and Samsung’s products, business, and marketing plans in connection with my Application.
c. During the application process, I may be encouraged (but will be under no obligation) to share messages about Samsung on social media. If I do share social media messages about Samsung during that time, I will include #TeamGalaxyApplicant
d. I understand that the information that I provide to Samsung during the application process is subject to Samsung’s Privacy Policy for the U.S., located at https://www.samsung.com/us/account/privacy-policy/.
e. I understand that I may choose to receive emails from Samsung notifying me of special offers pertaining to Samsung products ( “Opt-In”).
f. I release and discharge Samsung and Edelman Digital, their respective affiliates, designees, licensees, successors and assigns, and each of their respective officers, directors, agents and employees (collectively, the “Samsung Parties”), from and against any and all liabilities, losses (economic and non-economic), damages, costs, expenses (including attorneys’ fees and expenses), causes of action, suits and claims of any nature whatsoever (collectively, “Liabilities”) that I or any of my heirs, assigns, legal representatives or next of kin (collectively, the “Releasing Parties”) had, now have, or hereafter may have, by reason of any matter directly or indirectly arising out of or connected in any way with (i) my participation in the Program, including Liabilities relating to my bodily injury, disability, death, or damage to or loss of my property, or loss or unauthorized use or access to my personal data or any other information I provide in connection with my Application, and (ii) the exercise of any of the rights granted under these Terms or under any other terms relating to my participation in the Program. These Terms release and discharge any and all Liabilities caused in whole or in part by the fault or negligence of any of the Samsung Parties. Without limiting the foregoing, I, on my own behalf and on behalf of each of the Releasing Parties, covenant and agree to waive and to not institute legal proceedings against any of the Samsung Parties for any of the Liabilities that I have released and discharged herein.
g. I will indemnify, defend and hold harmless the Samsung Parties from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) relating to a breach of any of my representations and warranties under these Terms.
h. These Terms will be interpreted and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law rules. I agree that only a court of competent jurisdiction located in New York County, New York will have jurisdiction over disputes hereunder and I submit to the personal jurisdiction of such courts and waive any objections I may have with respect thereto. These Terms constitute the entire understanding that I have with any of the Samsung Parties with regard to the matters referred to herein, and supersede all prior oral or written representations, proposals and agreements, if any, that I have with the Samsung Parties with regard to the matters referred to herein.
