Official Rules: 2018 SmartThings, Inc. User Survey Giveaway
THIS PROMOTION IS A SWEEPSTAKES. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW, AND ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. Winners are responsible for any taxes connected with the prize.
1. Overview: The 2018 SmartThings User Survey Giveaway (“Sweepstakes“) is sponsored and presented by SmartThings, Inc. (“Sponsor“). One (1) winner (“Winner“) will be selected. The prize consists of one (1) Amazon gift card for an approximate retail value of $50.00 (fifty dollars) (the “Prize“)*.
2. Sweepstakes Period: The Sweepstakes begins on December 29th, 2017 at 9:00 AM and ends on January 12th, 2018 at 11:59 PM (the “Sweepstakes Period“). All times stated by Sponsor are in Pacific Time (local to San Francisco, CA). Entries received before or outside of the Sweepstakes Period will not be accepted or be eligible to win the stated Prize, except as otherwise set forth in these Official Rules. Sponsor’s clock is the official clock of the Sweepstakes.
3. Eligibility. Eligibility to participate in the Sweepstakes or to win the Prize is limited to individual persons who are the age of majority or older in the jurisdiction in which they reside at the beginning of the Sweepstakes Period, who are legal residents of the 50 United States and District of Columbia, and who are users of SmartThings. Limit one (1) Entry per individual. Any effort by a participant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses will disqualify that participant. Entries generated by a script, macro or other automated means are void. Entrants who disregard these Official Rules are not eligible to participate or win. Directors, officers, employees, contractors and agents (and their immediate families and household members) of the Sponsor, its parents, affiliates, subsidiaries, advertising and promotion agencies, or any other company involved with the design, production, execution or distribution of the Sweepstakes are not eligible to participate or win. The Sponsor’s determination of eligibility, in its sole discretion, shall be final.
4. How to Enter: The Sweepstakes is offered electronically via the Internet. To enter, during the Sweepstakes Period, follow the link in your email invitation to the user survey found at https://www.surveymonkey.com/r/3Z8FFQD (the “SmartThings User Survey”) and complete all questions that appear in the SmartThings User Survey and submit the SmartThings User Survey. In addition to successfully submitting the SmartThings User Survey, Entrants are required to submit their full name, email address, city, and state as required for a drawing entry, on the entry page: https://www.surveymonkey.com/r/3Z8FFQD.
Entrant represents and warrants that any statement made by Entrant with respect to Entrant’s opinion or endorsement of Sponsor is a true reflection of Entrant’s beliefs, findings or opinions. Entrant further represents and warrants that Entrant (or Entrant’s minor children) has and does, in fact, use SmartThings. To the extent that Entrant expresses a preference over other similar products, Entrant represents and warrants that Entrant does, in fact, have that preference. If and to the extent that Sponsor shall require, for the purpose of complying with any applicable requirements, affidavits attesting to such opinion/endorsement, Entrant shall furnish such appropriate affidavits. Entrant also agrees that at the end of the Review, Entrant shall clearly and conspicuously disclose Entrant’s affiliation with Sponsor in accordance with the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. § 255), in a form to be determined by SmartThings (e.g., This review was collected as part of a promotion).
Any participant who submits after the close of the Sweepstakes Period, or who submits not in compliance with these Official Rules, will not be given an Entry into the Sweepstakes. Limit: Each participant may obtain no more than one (1) Entry into the Sweepstakes. Any attempt by any participant to obtain more than the stated number of Entries by using multiple/different identities, email addresses, registrations and logins, or any other methods will void that participant’s Entries and that participant may be disqualified from the entire Sweepstakes. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address or other account by an Internet access provider, online service provider or other organization responsible for assigning email addresses or the account for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder of the email address associated with the winning Entry.
5. Review Requirements and License: Any Review deemed inappropriate or containing unsuitable images or text, in Sponsor’s sole discretion, will be disqualified. Any Review or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, libelous, offends or denigrates any group or class of people, includes references to sex, nudity, acts of violence or acts that may cause harm, contains any proper names, third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than SmartThings) or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, sexual in nature, or is otherwise objectionable, will disqualify the Entrant as determined in Sponsor’s sole discretion. A Review may not be offensive, as determined by Sponsor in its sole discretion. Entrants may not copy or otherwise plagiarize the Review from any source. Sponsor has the sole discretion to determine whether a Review qualifies or whether any Reviews fail to adhere to these submission requirements. All Reviews must be the sole, original, previously unpublished work of the Entrant and must be in English. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as an original work.
By submitting a Review, you hereby grant Sponsor and its designees the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Review (as may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes (including posting on any websites). Normal Internet/phone access, data/usage charges imposed by your online/phone service will apply. All Reviews become property of the Sponsor. You acknowledge and hereby agree that your Review becomes the property of the Sponsor, which thereby has the right to promote and otherwise use the reviews in any way Sponsor sees fit as permitted by law. By entering, you understand and agree that your Review may (in Sponsor’s sole discretion) be posted online for consumers to view on SmartThings.com or in other advertising materials of Sponsor. Sponsor reserves the right to remove any posted Reviews, in its sole discretion, even if the Review has already been made available to the public.
6. Winner Selection and Notification: There will be one (1) Winner.
On or about January 13, 2018, the Sponsor or a third-party administrator (“Administrator”) will select one (1) potential Winner for the prize in a random drawing of all eligible Entries.
The potential Winner of the Prize will be notified by direct message to their email address. Sponsor may require the potential Winner to execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or IRS Form W-9 (if required by IRS regulations) prior to the delivery of any prize (collectively, “Affidavit“). If the potential Winner does not respond to the notification within seven (7) days, is found to be ineligible, fails to execute the Affidavit or other documentation required by Sponsor and/or the Prize is returned as undeliverable, the Sponsor may consider such Winner to have forfeited the Prize, and another potential Winner may be selected as time allows. The Prize will be awarded within approximately seven (7) days of the potential Winner’s complete response to notification.
7. Prize. The Winner will receive one (1) Amazon gift card for an approximate retail value of $50.00* (fifty dollars) or a substitute prize of comparable value in Sponsor’s sole discretion. The Sponsor’s determination of the Winner and selection of Winner, in its sole discretion in accordance with these Official Rules, shall be final. The Prize is non-transferable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor. Sponsor reserves the right to substitute a prize of equal or greater value in the event of unavailability. All federal, state and local taxes are the sole responsibility of the Winner. The Prize consists of only those items specifically stated as part of the Prize. All expenses and costs associated with the acceptance or use of the Prize that are not expressly specified in these Official Rules as being part of the Prize are the sole responsibility of the Winner. If required by law, the Winner will be issued a 1099 tax form for the Prize value.
8. Prize Delivery: The Prize will be given electronically mailed or shipped (as determined by Sponsor in its sole discretion) to the confirmed or verified Winner in accordance with the information supplied at the time of the Entry. The Prize will not be shipped or delivered to P.O. boxes or addresses outside of the 50 United States and District of Columbia. Allow up to 2 (two) to 4 (four) weeks after verification of eligibility for prize delivery.
9. Publicity: By participating in the Sweepstakes, each participant is granting Sponsor and its agencies and service providers the right to film, record, use and display its name and/or likeness, photographs, Tweet, performance, and voice (as applicable) for advertising and marketing purposes, without further notice, permission, or compensation, unless prohibited by law.
10. Conditions of Participation. Each participant agrees to be bound by these Official Rules and the decisions of the Sponsor, and to accept delivery of any prize won based upon availability. In addition, each participant represents and warrants that all information contained in his/her Entry is true and accurate. The Sponsor is not responsible for any printing errors in these Official Rules, in the Entry or otherwise in any materials available at the Sponsor’s website. Unless a participant otherwise opts out, Sponsor and its designees may use the participant’s physical and/or e-mail address to contact the participant regarding Sponsor’s services and other offers and/or promotions. Sponsor shall not be responsible for lost, late, misidentified or misdirected Entry or telecommunication or computer hardware or software performance, errors, delays or failures. Sponsor is not responsible for any human or other error that may occur in the processing of the Entries, nor are they responsible for any error, omission, interruption, deletion, defect, or delay in operation or transmission, theft or destruction or unauthorized access to or alteration of Entries, or for technical, network, telephone, computer hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or failures of any wireless or internet service providers, traffic congestion on the Internet or at any web site or any combination thereof, which may limit a person’s ability to participate in the Sweepstakes or receive communication from Sponsor. Sponsor assumes no responsibility for undeliverable messages resulting from filtration of a participant’s wireless or Internet service provider or for insufficient space to receive messages. Sponsor reserves the right to cancel, terminate, suspend, or modify a Sweepstakes if fraud or technical failures destroy the integrity of a Sweepstakes; or if a technical problem corrupts the administration as determined by Sponsor, in their sole discretion. If the Sweepstakes is canceled, Sponsor may award the applicable Prize(s) from among all eligible Entries received as of the time of cancellation in a random drawing, and Sponsor shall have no further obligation to any participant in connection with the Sweepstakes. Any use of robotic, automatic, programmed, or the like methods of participation will void all such entries by such methods. Incomplete Entries are void.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SMARTTHINGS ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED ONLY ACCORDING TO UNITED STATES LAW.
PARTICIPANT FURTHER UNDERSTAND AND AGREE THAT IF PARTICIPANT IS A RESIDENT OF CALIFORNIA, ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE NOT A RESIDENT OF CALIFORNIA, YOU WAIVE ALL RIGHTS UNDER ANY LAW SIMILAR TO SECTION 1542 THAT MAY EXIST IN YOUR STATE OF RESIDENCE.
11. Indemnification. Each participant hereby releases, and agrees to defend, indemnify and hold harmless the Sponsor, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to participation in this Sweepstakes, the awarding, acceptance, use or misuse of the Prize or any other substitute prize.
12. Disclaimer. The Winner acknowledges that the Prize is provided by Sponsor on an “as is” basis with no warranty of any kind. SPONSOR DISCLAIMS ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
13. Release of Liability. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT HEREBY WAIVES ANY CLAIMS OR CAUSEs OF ACTION ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE. PARTICIPANT FURTHER AGREES THAT IN NO EVENT SHALL THE SPONSOR AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO PARTICIPANT.
14. Dispute Resolution. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes shall be resolved individually, without resort to any form of class action. This Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, regardless of conflicts of laws principles. Any action or litigation concerning this Sweepstakes shall take place exclusively in the federal or state courts sitting in Santa Clara County, State of California, and EACH PARTICIPANT EXPRESSLY CONSENTS TO THE JURISDICTION OF AND VENUE IN SUCH COURTS AND WAIVES ALL DEFENSES OF LACK OF JURISDICTION AND INCONVENIENT FORUM WITH RESPECT TO SUCH COURTS. Each participant agrees to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES AND MUST NEVER INCLUDE CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, AND IN NO EVENT ATTORNEYS’ FEES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO PARTICIPANT.
16. Winner List. For a list of Winners, send a self-addressed stamped envelope to: 2018 SmartThings User Survey Giveaway, SmartThings, Inc., Attn: Christine Lehrer, 665 Clyde Avenue, Mountain View, CA 94043. All requests for Winner Lists must be received on or before January 19, 2018.
17. Sponsor. The Sponsor of this Sweepstakes is SmartThings, Inc. with a principal place of business at 665 Clyde Avenue, Mountain View, CA 94043.
18. Administrator. The Administrator of this Sweepstakes is SurveyMonkey.com with a principal place of business at 1 Curiosity Way, San Mateo, CA 94403, United States.
* Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards (“GCs”) cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards LLC, a Washington limited liability company. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.