Siemens Financial Services, Inc. Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY FOR A CHANCE TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Siemens Financial Services, Inc. Sweepstakes (the “Sweepstakes”) is open only to United States based private equity firms, and their respective United States based portfolio companies, (each, a “Company”) with attendees at the ACG InterGrowth 2019 Conference (the “Conference”). Siemens Financial Services, Inc. (the “Sponsor”); the Sponsor’s affiliates; other attendees, exhibitors and/or participating law firms at the Conference; and their respective employees, family members and vendors are not eligible to win or submit entries to the Sweepstakes.
The Sweepstakes is subject to all applicable federal, state, municipal, territorial, and local laws and regulations and is void where prohibited by law. Participation constitutes Participant’s (as defined below) full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Siemens Financial Services, Inc. 170 Wood Avenue S, Iselin, NJ 08830
3. Timing: The Sweepstakes begins at May 6, 2019 at 12:00 PM EDT and ends May 8 at 12:00 PM EDT (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: You may enter your Company in the Sweepstakes during the Sweepstakes Period by visiting Sponsor’s booth #126 at the Conference and placing, on behalf of your Company, your Company business card into the bowl designated for Sweepstakes entries. You must fully complete the entry process described in these Official Rules in order for your Company’s entry to be valid. No photocopied, computer generated facsimiles, mechanically reproduced, or mass entries permitted. All submissions will become the exclusive property of Sponsor and will not be acknowledged or returned. Limit one (1) entry per Company attendee.
All submissions in compliance with these Official Rules and not disqualified are considered (“Eligible Entries”) as applicable. Business cards that do not include an accurate Company name, email address and phone number are void. Once submitted, all entries become the exclusive property of Sponsor and will not be acknowledged or returned.
Prior to any submission, you must ensure you have your Company’s permission to enter it into this Sweepstakes and agreement to the terms of these Official Rules.
5. Winner Selection/Notification: One (1) potential winning Company will be selected in a random drawing to be held on or about May 8, 2019. Sponsor and/or Sponsor’s agent will notify the potential winner by e-mail at the e-mail address given to Sponsor in the Eligible Entry within three (3) business days following the drawing (“Notice Period”). Sponsor and/or Sponsor’s agent may, but shall not be obligated to, also attempt to notify the potential winner during the Notice Period by phone at the phone number given to Sponsor in the Eligible Entry.
The potential winning Company will be required to sign and submit the following (collectively, the “Deliverables”) in order to claim the Prize: (i) a signed winner form, in the form supplied by Sponsor, which will include, among other things, a winner affidavit and a compliance, liability, and publicity release; and (ii) a complete and valid IRS Form W-9, each of which must be received by Sponsor and/or Sponsor’s agent within seven (7) days of the date notice or attempted notice is sent.
If a potential winner cannot be contacted, fails to sign and return the Deliverables within the required time period, does not receive the notification through use of a spam filter (or any other reason), fails to schedule the co-creation session and/or to return the required non-disclosure agreement and Prize specific terms and conditions, fails to complete the co-creation session by the deadline, or fails to otherwise comply with these Official Rules, potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor will not be obligated to award a prize; however, Sponsor may, but shall not be obligated to, award the applicable prize to an alternate Company winner by random drawing from among all remaining Eligible Entries. Odds of winning a prize depend on the number of Eligible Entries received during the Sweepstakes Period.
6. Prize/Prize Restrictions: One (1) Sweepstakes winning Company will receive a two-day value co-creation session with Siemens IoT Consulting Services (the “Prize”). Approximate retail value (“ARV”) of Prize: $15,000. TOTAL ARV of all prizes: $15,000. The co-creation session shall be scheduled by the winning Company directly with Siemens IoT Consulting Services to take place at a mutually convenient time for both. Prior to the co-creation session, the winning Company will be required to execute and deliver a non-disclosure agreement and Prize specific terms and conditions in the form supplied by Siemens IoT Consulting Services. Deadline for completion of the two-day value co-creation session shall be August 8, 2019.
All costs and expenses associated with the acceptance and/or use of the Prize, including, but not limited to, all federal, state and local taxes and other miscellaneous costs and expenses are the winner’s sole responsibility. The Prize is awarded “as is” with no warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Sweepstakes or any prize. Prize color/specification to be determined by Sponsor in its sole discretion. No transfer, assignment or substitution of Prize by winner. Sponsor reserves the right to substitute a prize with one of equal or greater value if the designated prize should become unavailable. Under no circumstances will more than the advertised number of prizes be awarded. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsor will not be obligated to award a prize. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A COMPANY IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL COMPANY’S ELIGIBILITY (WHICH MEANS FULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES) HAS BEEN VERIFIED AND COMPANY HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. The value of the Prize is taxable to winner as income. An IRS Form 1099 will be issued in the name of winner for the actual value of Prize awarded if the aggregate value of Prize awarded to and other compensation received by winner from Sponsor is $600 or greater for the calendar year.
7. Publicity: Except where prohibited, if your Company wins the Sweepstakes, participation in the Sweepstakes will constitute your and your Company’s consent to Sponsor’s and its agents’ perpetual use of (i) the winning Entry; (ii) your and/or your Company’s name, social media handle(s), opinions, hometown and/or state; and/or (iii) your likeness, voice and/or photograph, in each case, for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, virus, bugs, human error or any other factor impairs the integrity, availability, fairness or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual or Company it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. DISPUTE RESOLUTION AND LIMITATION OF LIABILITY: To the extent not prohibited by applicable law, by entering the Sweepstakes, each Company and individual submitting an entry (each a “Participant”) agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall in no event exceed, in the aggregate, the total ARV of $15,000 and in all events shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, and in no event will Participant be entitled to receive attorneys' fees or other legal costs; and (c) under no circumstances will any Participant be permitted to obtain any award for, and Participant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. Sponsor, together with its respective affiliates and related companies, including without limitation its parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives are not responsible for: (1) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Sweepstakes or receipt or use or misuse of any prize; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, websites, network hardware or software beyond the reasonable control of Sponsor; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. To the extent NOT PROHIBITED by applicable law, ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL ARV OF $15,000 AND IN ALL EVENTS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES OR OTHER LEGAL COSTS.
11. Winners’ List: For a list of winners, send a separate self-addressed, stamped envelope by July 8, 2019 to: Siemens Financial Services, Inc. Sweepstakes Winners’ List, ATTN: Pamela Cummings, 170 Wood Avenue S., Iselin, NJ 08830.