The My Olympic Rewards Loyalty Program
TERMS & CONDITIONS (“Terms & Conditions”)
This Program (defined below) is in no way sponsored, endorsed or administered by, or associated with the Organizing Committee for the Paris 2024 Olympics and Paralympics, Intel Corporation (“Intel”) or any other brand sponsoring elements of this Program. The Program is also not administered or sponsored by the International Olympic Committee (“IOC”). Neither, the IOC, Intel, the Organizing Committee for the Paris 2024 Olympics and Paralympics, nor any other brand involved with elements of this Program, shall have any liability or responsibility for any claim arising in connection with participation in this Program. You understand that you are supplying your information to the Sponsor and not Intel. Names, logos, and/or materials associated with reward descriptions are used for purposes of promotion and/or reward descriptions only and such use is not intended to suggest or imply sponsorship of this Program.
EFFECTIVE DATE: June 25, 2024
1. THIS LOYALTY PROGRAM IS INTENDED FOR PARTICIPATION ONLY FOR INDIVIDUALS WHO MEET THE PROGRAM ELIGIBILITY REQUIREMENTS AND WILL BE GOVERNED BY laws of the UNITED STATES UNLESS OTHERWISE STATED (AS FURTHER SPECIFIED BELOW – SEE APPENDIX 1 IF YOU ARE RESIDENT IN THE EEA OR UK).
2. SPONSOR / ADMINISTRATORS: The “My Olympic” Rewards Loyalty Program (“Program”) is sponsored by SmartMedia Technologies, Inc., located at 201 Main Street, Suite 102, Carbondale, CO 81623 (“Sponsor”) and is administered by SmartMedia Technologies, Inc. (“SMT”, the “Administrator”) located at 201 Main Street, Suite 102, Carbondale, CO 81623 and by National Sweepstakes Company, LLC located at 1143 East union Street, Newark, NY 14513 (also, an “Administrator”).
3. PROGRAM ELIGIBILITY: This Program is free and available to any individual who: (a) are at least eighteen (18) years of age or (if older) the age of majority in their country of residence; (b) possess the legal authority to agree to these Terms & Conditions; (c) resides in a jurisdiction which legally permits participation in the Program; (d) is not a resident of Crimea, Cuba, Donetsk People’s Republic, Iran, Luhansk People’s Republic, North Korea, or Syria; (d) provides accurate information when enrolling in the Program; (e) is not already a member of the Program (i.e., does not already have an account under the Program under another name, address, and/or email address; limit of one (1) account per Participant); and (f) has not previously been terminated from the Program (“Participant” or “Program Participant”). Employees, officers, directors and independent contractors of Sponsor, Administrators, the IOC , the Organizing Committee for the Paris 2024 Olympics and Paralympics (and any person(s) accredited to the Olympic Games Paris 2024 by the IOC and/or the Organizing Committee for the Paris 2024 Olympics and Paralympics) and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies as well as other entities involved in the Program (collectively, “Program Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to participate. This Program is subject to all federal, state, local laws and regulations. This Program is void where prohibited or restricted by law.
4. AGREEMENT TO TERMS & CONDITIONS:
a) Participation constitutes Participant’s full and unconditional agreement to these Terms & Conditions and Sponsor’s/Administrators’ decisions and interpretations, which are final and binding in all matters related to the Program and not subject to appeal. The preceding expressly includes Sponsor’s/Administrators’ determination as to a given individual’s eligibility for the Program, whether certain purchase or non-purchase activities qualify for loyalty points (“Points”) and the redemption of Points for items (“Olympic Rewards”) in the marketplace (the “Marketplace” as further defined and described below). Sponsor expressly reserves the right, without notice, to change or restrict these Terms & Conditions and the Program itself from time to time (e.g., which product purchases and/or non-purchase activities qualify for Points, if applicable; the number of Points obtained by qualifying purchase and/or by participation in non-purchase activity, as applicable), as well as to discontinue the Program altogether. Sponsor will make reasonable attempts to notify Participants of such changes. You agree that notice of changes to these Terms & Conditions posted on the Website (as defined below) constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of these Terms & Conditions (including the Sponsor’s privacy policy, available at https://www.smartmediatech.io/privacy), and all applicable laws. YOU ARE THEREFORE STRONGLY ADVISED TO PERIODICALLY REVIEW THESE TERMS & CONDITIONS, AVAILABLE AT https://www.info.myolympicrewards.com/loyalty-terms, AS SUCH MODIFICATIONS MAY AFFECT YOUR LEGAL RIGHTS AS TO PROGRAM PARTICIPATION. You may not modify these Terms & Conditions except in a writing signed by a duly authorized representative of the Sponsor.
b) If there is any conflict between these Terms and Conditions and the terms of use of the platform operated by the Sponsor through which you access the Program (available here [insert link], the “Platform Terms”) these Terms and Conditions shall take priority.
5. PROGRAM REGISTRATION: Prior to participation, Participant’s must first register at https://myolympicrewards.com/signup (the “Website”). To register, select “CONTINUE WITH EMAIL OR SMS” and when prompted; Submit your email address or telephone number (including area code). After checking the boxes indicating your agreement to these Terms & Conditions, the Sponsor’s terms of use (located at https://www.smartmediatech.io/terms-of-use) and acknowledgment of the privacy policy (located at https://www.smartmediatech.io/privacy), and at your option, agreement to the receipt of marketing communications from the International Olympic Committee in Switzerland, click the “CONTINUE” button. Upon the successful submission of your information, you will receive an email or text message with a verification or login link. To complete the registration procedure, you must click the “Verify Email” or “Login” link found within the email and (1) if you submitted your telephone number, submit the unique verification code. Then select “CONTINUE” button; or (2) if you submitted your email address, select the “VERIFY” button.
Once registered, you can access your virtual wallet (“Wallet”) found on the Website and participate in the Program. Your Wallet is also accessible via the web applications (“App”, available at https://myolympicrewards.com/login)*.
NOTE: If you do not click the “Verify Email” or “Login” link found within the email within the indicated time-period and complete the registration procedure you will not be able to access your Wallet and participate in the Program.
There is a limit of one (1) registration per Participant.
THE SECURITY OF WALLET IS THE SOLE RESPONSIBILITY OF PARTICIPANT. WALLET AS WELL AS ANY PASSWORDS AND CODES USED TO LOCK WALLET SHOULD BE TREATED BY PARTICIPANT CONFIDENTIALLY AND RESPONSIBLY. SHOULD WALLET BE COMPROMISED, PARTICIPANT MUST ADVISE SPONSOR IN WRITING TO SUCH EFFECT IMMEDIATELY SO THAT THE WALLET CAN BE DE-ACTIVATED. PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR THE USE, UNAUTHORIZED USE OR MISUSE OF WALLET AS IF SUCH USE HAD BEEN MADE BY PARTICIPANT.
*IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF A PARTICIPANT ACCESSES HIS/HER WALLET ON HIS/HER MOBILE DEVICE VIA THE MOBILE WEBSITE OR THE APP. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS PROGRAM VIA THE MOBILE WEBSITE AND/OR THE APP. PARTICIPANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE PARTICIPATION IS NOT REQUIRED TO PARTICIPATE IN THIS PROGRAM.
6. HOW TO PARTICIPATE: Once you have completed the steps above and registered for the Program, you can participate in the Program and earn Points as outlined below. Points can be redeemed for items listed in the Wallet’s Marketplace as further described in the “Points Redemption” section below. Participants can access their Points balance at any time via their Wallet.
(a) Obtaining Points by Creating your AI Membership Badge: Participants can earn Points by creating a personalized AI membership badge in the Wallet (“Intel Membership Badge”). To create the Intel Membership badge, open the Wallet and click “FANDOM STARTS HERE”. Then, follow the instructions to create the Intel Membership Badge and receive Points. For clarity, the AI Membership Badge is not a non-fungible token (NFT), nor is it stored on any blockchain technologies.
(b) Obtaining Points by Engaging in Giveaways & Other Engagements: Participants can earn Points by engaging in qualified giveaways and other engagements offered by Sponsor in the Wallet. The number of Points a Participant can earn via qualified giveaways and/or other engagements offered by Sponsor in the Wallet will depend upon the qualified giveaway and/or other engagement in which the Participant participated. Participants may be notified about qualifying giveaways and other engagements via the App or by email. Such qualified giveaways and/or other engagements are subject to their own terms and conditions which will be made available within the App. If the Participant has fully complied with the terms and conditions corresponding to a given qualified giveaway and/or other engagement (including age, residency, and other eligibility requirements), such terms and conditions corresponding to a given qualified giveaway and/or other engagement are made a part of these Terms & Conditions and incorporated herein by reference. In the event of any inconsistency between these Terms & Conditions and the terms and conditions of any qualified giveaway and/or other engagement, these Terms & Conditions will prevail, govern and control with the sole exception of the conduct of such qualified giveaways and/or other engagement (as to which the terms and conditions of the applicable qualified giveaway and/or other engagement will instead prevail, govern and control). Sponsor reserves the right to make qualified giveaways and/or other engagements available only to some – but not all – Participants. Sponsor and Administrators make no representation as to the number of qualified giveaways and/or other engagements that may be offered and disclaim any liability in conjunction with offering (or refraining from offering) qualified giveaways and/or other engagements.
(c) Additional Methods of Obtaining Points: Sponsor reserves the right to introduce other methods of receiving Points from time to time (including, but not limited to watching informative videos and completing various tasks and “Fan Challenges” listed within the Wallet) and, in all cases, Points will only be furnished where the Program Participant has engaged in such other methods of receiving Points in full compliance with the accompanying rules for doing so. Additional Point opportunities may be seasonally offered for specific purchases, giveaways, and or events and engagements.
(d) Additional Offers: Sponsor may, from time to time, offer discounts, coupons or other benefits to Program Participants on special occasions such as the Program Participant’s birthday. Such discounts/coupons/benefits are non-transferable and will be subject to additional restrictions provided therewith. Nothing herein obligates Sponsor to offer such discounts/coupons/benefits and, by refraining from doing so, Sponsor will not incur any liability under any legal theory or applicable law.
7. POINTS REDEMPTION: Each Point received in the Program is redeemable for items listed on the Sponsor’s Marketplace in the Wallet under the “DISCOVER” tab. The number of Points required to redeem an item will be listed within the Marketplace beside the item. Sponsor may at times offer “Mystery Rewards” items within the Marketplace that upon redemption will reveal a mystery item. Sponsor will determine the items which are available in the Marketplace, the items which are available within a Mystery Reward, for how long such items are available, the quantity/units of a given item which are available, as well as the number of Points required for redemption of an item. A “Gated” item is an item available in the Marketplace, whereby Sponsor may require a special redemption process for said item. Some items may be limited edition and/or subject to additional restrictions (e.g., the number of times that a given Participant may redeem for Points for such item regardless of their Points balance; apparel items may only be available in certain colors, styles or sizes). No substitutions are available for items offered in the Marketplace. In all cases, Sponsor and Administrators disclaim any and all liability for any difference between an item as depicted in the Marketplace and the actual item. Points are good for one-time use only by the Participant to whom they were issued by Sponsor. POINTS EXPIRE AT THE EARLIER OF: (A) THE CONCLUSION OF THE PROGRAM (AS NOTIFIED BY THE SPONSOR REASONABLY IN ADVANCE): OR (B) THE DATE THAT IS ONE (1) YEAR AFTER DATE OF ISSUANCE WITHOUT FURTHER NOTICE OF ANY KIND. BE CAREFUL IN USING POINTS BECAUSE ONCE POINTS HAVE BEEN REDEEMED FOR ITEMS IN THE MARKETPLACE, THEY CANNOT BE REPLACED OR RESTORED. If Points have not been used by the corresponding expiration date, Points are forfeited with Sponsor and Administrators having no liability for same under any legal theory or appliable law.
Physical items will be shipped to Participants within four (4) to six (6) weeks from the date in which the item was redeemed through the Wallet. In the event delivery will exceed six (6) weeks, notification will be made available in the Wallet. Physical items will only be shipped to a valid street address. Sponsor and Administrators disclaim any and all liability for late, lost, incomplete, delayed, misdirected, undeliverable or damaged Points redemption requests and/or shipments of items, whether redeemed items are physically shipped or e-delivered (as applicable). Redeemed items subject to e-delivery, shall be emailed to the email address provided by Participant at time of registration and listed in his/her Wallet, within seventy-two (72) hours.
Points cannot be redeemed or exchanged for cash and have no cash value. Points at all times remain the property of Sponsor and, as such, Program Participant has no property rights in Points. Points are redeemable for items within the Marketplace only. Points are NOT gift cards. Points may only be received via the methods outlined in these Terms & Conditions as noted above. Without limitation, Points cannot be obtained directly via purchase from Sponsor or from any other person/entity. Pooling of Points between persons/entities is strictly prohibited. Any other method of attempting to obtain Points and any other form of manipulation/abuse of the Program (e.g., attempting to register more than once) is strictly prohibited, and any and all prohibited acts (including attempts at such acts) constitutes a violation of these Terms & Conditions and Sponsor’s legal rights. By way of example only, Points cannot be purchased apart from the purchase of qualifying product(s) using a qualifying added credit card, cannot be transferred, exchanged or purchased/sold (and any such transfer/exchange/purchase/sale is void and of no legal effect). Any such activities void Points and may result in termination of one’s participation in the Program. In addition, if Sponsor suspects that a certain Program Participant has engaged in fraud in conjunction with Program participation or has violated these Terms & Conditions, Sponsor may require such Program Participant to furnish (as applicable) the original, dated sales receipt(s) and/or other materials establishing the authenticity of the underlying purchase of qualifying product(s), proof that Program Participant has performed the prescribed non-purchase activity in full compliance with these Terms & Conditions and any accompanying guidelines) at any time. This is in addition to Program Participant providing satisfactory proof of identity if desired by Sponsor. The Sponsor may terminate the Program Participant’s participation in the Program if: (i) the Program Participant fails to provide sales receipt(s), proof of proper performance of the prescribed non-purchase activity and/or such other equivalent materials upon the request of Sponsor; or (ii) a Program Participant provides such sales receipt(s) or proof of proper performance of prescribed non-purchase activity however those materials are inadequate, unsatisfactory or inconclusive to establish (as applicable) the authenticity of the underlying purchase of qualifying product(s), or the proper performance of the prescribed non-purchase activity. Should a Program Participant not engage in any Program activities (i.e., either the receipt or redemption of Points) for a period of twelve (12) consecutive months, then his/her participation in the Program will be terminated without further notice. Should the Program be terminated by Sponsor or Participant, Program Participants may still redeem Points already received up through the applicable expiration dates for such Points, subject to the minimum and maximum Points redemption requirements for items in the Marketplace as discussed above. If a Program Participant has less than the minimum required number of Points for redemption at the time of Program termination by Sponsor or Participant, such Points will be forfeited with Sponsor having no liability for same under any legal theory or applicable law.
Once Points are redeemed for item(s) in the Marketplace, such items become the sole responsibility of the Participant and will not be replaced if lost or stolen. Unless the Points specifically allows for Participant to select shipping method at time of Points redemption, all physical items will be sent via standard shipping.
8. TAXES: The receipt and redemption of Points may be taxable income under the laws applicable to the Program Participant. To the extent permitted by applicable laws, any taxes applicable to the receipt and redemption of Points are the sole and exclusive responsibility of the Program Participant. Each Program Participant is solely responsible for reporting the receipt and redemption of Points to the relevant tax authorities, and paying all taxes applicable to the receipt and redemption of Points, as required by the applicable tax laws. Upon request from the Sponsor, the Program Participant will promptly complete and submit to the Sponsor all tax forms, certificates, authorisations or any other documents as may be necessary to comply with the applicable tax laws. If required by law, the Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due. For India residents only: In accordance with the applicable laws, the Sponsor may require the Program Participant to pay the applicable taxes and submit the relevant proof of such payment, before reception of Points. For any United States taxable person (resident in the US or abroad), the right to receive Points is contingent on submission of a properly completed IRS Form W-9, including the legal name and taxpayer identification number of the legally authorized recipient of the Prize to the Sponsor within 10 days of notification to the Program Participant.
9. TERMINATION OF PROGRAM PARTICIPATION: Sponsor may terminate a Participant’s participation in the Program due to Participant’s violation of these Terms & Conditions (including acts of fraud or tampering), and such individual will immediately be liable for any part of purchase(s) made via redemption of such invalidated Points; and, any previously received but unused Points will be declared void and forfeited without compensation of any kind. Sponsor further reserves the right to seek all available remedies so as to protect its legal rights, in law and/or equity, including reporting any suspected fraudulent activity to the relevant legal authorities for criminal prosecution.
10. ADDITIONAL TERMS: PARTICIPANTS IN THE PROGRAM ARE STRONGLY ADVISED TO MAINTAIN THEIR OWN RECORDS AS TO RECEIVING AND REDEEMING POINTS; MAINTENANCE OF SUCH RECORDS IS THE PROGRAM PARTICIPANT’S SOLE RESPONSIBILITY. The Points balance reflected in Participant’s Wallet may not be accurate and up-to-date at any given time and Sponsor and Administrators expressly disclaim any and all liability as to the accuracy or currency of such information. Sponsor and Administrators also reserve the right to update or modify any such information should Sponsor/Administrators determine that the information initially furnished to Program Participant is inaccurate or incomplete for any reason (including, without limitation, Sponsor error.) The Program Participant is solely responsible for any expenses, fees and applicable taxes in conjunction with Program participation, including the receipt and redemption of Points. Sponsor’s/Administrators’ failure to enforce any provision of these Terms & Conditions in a given instance does not constitute the waiver of such provision. Sponsor and Sponsor’s agencies (including Administrators) are not responsible for (i) any incomplete, incorrect or inaccurate Program-related information/materials, whether caused by tampering, hacking, equipment malfunction/failure or other cause; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission of Program-related materials, communications line failure, theft or destruction or unauthorized access to, or alteration of Points or other Program-related information/materials; (iii) any problems or technical malfunctions, disruptions or failures of any kind, including the functionality of telephone network or lines, computer on-line systems, servers or providers, software or programming. Use of programmed, automated, robotic or like means to participate in the Program is prohibited and may result in termination of Program participation as described above. Sponsor reserves the right to monitor Program Participant’s account, at any time and without notice, for compliance with these Terms & Conditions.
11. OLYMPIC CONTENT: In the Terms & Conditions, “Olympic Content” refers to any names, logos, audiovisual or other content, information or materials accessible in connection with the Program such as texts, illustrations, artworks, graphics, data, moving and still images, sounds, music, or software that in each case refer to- or relate to the IOC, the Olympics and/or any other aspect of the Olympic Movement and/or any edition of the Olympic Games. The Olympic Content is protected by copyright, trademarks, or other proprietary rights and laws. All rights, including all intellectual property rights, or other proprietary rights in the Olympic Content are owned by the IOC. All rights not expressly granted to you under the present Terms & Conditions are reserved. In respect of Olympic Content made available through the Program:
a. You may view and access any Olympic Content contained in or incorporated into any physical or digital item that you receive through participating in the Program (such as the Intel AI Badge or any physical item that is acquired by redeeming Points, in each case in accordance with the Terms & Conditions) for your own personal and non-commercial use only and in accordance with any instructions provided with such item; and
b. You may view and share Olympic Content otherwise made available through the functionalities of the Program for your own personal and non-commercial use only,
in each case only in a manner otherwise consistent with these Terms & Conditions and, accordingly, you are granted a limited, revocable, non-exclusive, non-sublicensable and non-transferable licence to use such Olympic Content solely for such purposes. You shall not use, or attempt to use, the Olympic Content to commit any unlawful act or to defame, harass, insult or impersonate other users or third parties. Except as expressly provided in these Terms & Conditions, you are not authorised to copy, archive, download, reproduce, modify, broadcast, communicate to the public and/or make available, any Olympic Content, without the IOC’s prior written authorisation.
12. RELEASE; INDEMNIFICATION; DISCLAIMER: By participating in the Program, you agree to indemnify, defend, release, and hold Sponsor, Administrators, Program Entities, Samsung, Intel, the Organizing Committee for the Paris 2024 Olympics and Paralympics, the IOC any other brand sponsoring elements of this Program, and each of their respective parents, affiliates, subsidiaries, divisions, wholesalers/distributors/suppliers as well as any entity involved in the design, development and/or implementation of the Program, as well as their respective officers, directors, employees, agents, representatives, shareholders, successors and assigns (“Releasees”), harmless from any and all claims, losses, damages, and liability of any kind arising from participating in the Program or any Program-related activity, including without limitation the safekeeping of your Wallet, the receipt and redemption of Points and any items received via redemption of Points. THE PROGRAM (INCLUDING POINTS, WALLET, ITEMS AVAILABLE IN THE MARKETPLACE OR OTHERWISE) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPONSOR AND ADMINISTRATORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PROGRAM (INCLUDING POINTS, WALLET, ITEMS AVAILABLE IN THE MARKETPLACE OR OTHERWISE) UNDER ANY LEGAL THEORY, INCLUDING THE WARRANTY OF MERCHANTABILTY OR FITNESS FOR THE INTENDED PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE WEBSITE (OR ANY RELATED SERVER, OTHER HARDWARE, OR SOFTWARE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPONSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SECURITY OF YOUR PERSONAL INFORMATION. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, AND AS SUCH, THESE LIMITATIONS AND EXCLUSIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
13. FORCE MAJEURE: If, for any reason, the Program (or any part thereof) is not capable of running as originally planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program (or any part thereof), Sponsor reserves the right to cancel, terminate, modify or suspend the Program or any element of the Program. Without limitation, Sponsor may continue to issue Points and/or redeem Points in the Marketplace only up until the time of such cancellation/termination of the Program. Notice of such action will be posted on the Website.
14. DISPUTE RESOLUTION/GOVERNING LAW: To the fullest extent permitted by law, by participating in the Program, you agree that: (i) any action at law or in equity arising out of or relating to these Terms & Conditions or the Program itself shall be filed exclusively in the courts of New York, New York and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (ii) any such action shall be resolved individually, NOT as part of a class action; (iii) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred in participating in the Program, with all other forms of damages (including consequential, incidental, compensatory and punitive damages), remedies and relief being expressly waived, and under no circumstances will you be awarded attorneys’ fees. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRECEDING MAY NOT APPLY TO YOU. These Terms & Conditions and the Program itself shall be governed by the laws of the State of New York without regard to the choice of law/conflict of law principles of the State of New York or any other jurisdiction which would result in the application of the law of any other jurisdiction.
15. Should this or any other provision of these Terms & Conditions be deemed by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be stricken and replaced with a substitute provision which is valid and enforceable and most closely approximates the original intent of Sponsor. For the avoidance of doubt, membership in the Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Participation in the Program is offered in good faith; however, may not be available if prohibited or restricted by applicable law or regulation in the United States or a Participant’s jurisdiction of residence.
Appendix 1 to the Terms and Conditions
Supplementary Terms for European Users
1. If you are a Participant located in the European Economic Area or in the United Kingdom (collectively, “European Participant(s)”), the Terms & Conditions shall apply to you with the exception of the following deviations and supplementary terms. If there is any inconsistency or conflict between the Terms & Conditions and these supplementary provisions (“Supplementary Terms”), the Supplementary Terms shall prevail.
2. CONTACT. Use the following contact details for questions related to the Program: support@myolympicrewards.com.
3. PROGRAM ELIGABILTIY. Section 3(a) of the Terms and Conditions shall be deleted and replaced with: “is at least 18 years (or if older the age of majority in your jurisdiction of residence) and possess the legal capacity to agree to these Terms & Conditions”.
4. AGREEMENT TO TERMS & CONDITIONS. Section 4 of the Terms and Conditions shall be deleted and replaced with:
AGREEMENT TO TERMS & CONDITIONS: Accepting these Terms & Conditions when first accessing the Programme, or otherwise participating in the Programme, constitutes Participant’s full and unconditional agreement to these Terms & Conditions and Sponsor’s/Administrators’ decisions and interpretations are final in all matters related to the Program. This includes assessing a given individual’s eligibility for the Program, whether certain purchase or non-purchase activities qualify for Points (“Points”) and the redemption of Points for items (“Olympic Rewards”) in the marketplace (the “Marketplace” as further defined and described below).
Sponsor may change these Terms & Conditions and the Program itself from time to time (e.g., which product purchases and/or non-purchase activities qualify for Points, if applicable; the number of Points obtained by qualifying purchase and/or by participation in non-purchase activity, as applicable), as well as to discontinue the Program altogether. Sponsor will provide reasonable prior notice to European Participants of such changes or termination (or no notice if changes are required for serious reasons, such as for security threats or changes in law or regulation). If a European Participant does not wish to accept the changes, then the European Participant may terminate their agreement to these Terms & Conditions and discontinue their participation in the Program. European Participants must comply with applicable law.
YOU ARE THEREFORE STRONGLY ADVISED TO PERIODICALLY REVIEW THESE TERMS & CONDITIONS, AVAILABLE AT https://www.info.myolympicrewards.com/loyalty-terms. You may not modify these Terms & Conditions except in a writing signed by a duly authorized representative of the Sponsor.
5. The last sentence of Section 9(b) of the Terms & Condition shall be deleted.
6. The following sentence in Section 10 of the Terms & Conditions shall be deleted in its entirety: “In all cases, Sponsor and Administrators disclaim any and all liability for any difference between an item as depicted in the Marketplace and the actual item.”
7. The following part-sentence of Section 15 of the Terms & Conditions shall be deleted in its entirety: “Sponsor and Administrators expressly disclaim any and all liability as to the accuracy or currency of such information”.
8. Section 17 of the Terms & Conditions shall be deleted and replaced as follows:
(a) Nothing in these Terms & Conditions excludes or limits the Sponsor’s or the Administrators’ liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter in respect of which it would be unlawful to exclude or restrict liability.
(b) Save as set out in Section 17(a), if the Sponsor or the Administrators fail to comply with these Terms & Conditions, the Sponsor and Administrators (as applicable) are responsible for direct loss or damage you suffer that is a foreseeable result of the Sponsor’s or Administrators’ breach of these Terms & Conditions or the Sponsor’s or Administrators’ negligence, but the Sponsor and the Administrators are not responsible for any indirect loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of the Sponsor’s or Administrators’ breach or if it was contemplated by you and us at the time you entered the Program.
(c) Neither the Sponsor nor the Administrators shall not be liable for: (i) any failure to comply with these Terms & Conditions as a consequence of events beyond their reasonable control including without limitation, any failure of communication networks as a consequence of any circumstances beyond the reasonable control of the Sponsor or the Administrator’s; and/or (ii) any loss of profits, loss of revenue or other economic loss or any indirect or consequential loss.
(d) You expressly acknowledge and agree that the Program is operated and provided to you by the Sponsor and the Administrators, and not by any other entity. Accordingly, you further acknowledge and agree that the following entities are not party to these Terms & Conditions, nor shall they have any liability towards you whatsoever in connection with operation of the Program: Samsung, Intel, Organizing Committee for the Paris 2024 Olympics and Paralympics and the IOC.
(e) Sponsor does not represent or warrant that the Program or the Website will be uninterrupted or error-free, free of viruses or other harmful components.
9. DISPUTE RESOLUTION/GOVERING LAW: Section 19 of the Terms & Conditions shall be deleted and replaced as follows:
(a) These Terms & Conditions are governed by the law of the State of New York. This means that your participation in the Program and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection therewith will be governed by the law of the State of New York.
(b) As a European User, if we direct the Program to your country of residence:
(i) you may bring any dispute which may arise under these Terms & Conditions to, at your discretion, either the competent court of the state of New York, or to the competent court of your country of habitual residence if this country is within the UK or the EU, which courts are (with the exclusion of any other court) competent to settle any such a dispute; and
(ii) we will bring any dispute which may arise under these Terms & Conditions to the competent court of your country of habitual residence if this country is within the UK or EU or otherwise the competent court of England.
(c) As a European User, if we direct the Program to (and/or pursue our commercial or professional activities in relation to the Program in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Terms & Conditions, including Section 19(a), affects your rights as a consumer to rely on such mandatory provisions of local law.
