CANCER RESEARCH EXCELLENCE PROGRAM
1. NO PURCHASE NECESSARY. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. The CREP Contest (the “Contest”) is administered by Sysmex Inostics (the “Administrator”).
2. ENTRY PERIOD. The Entry Period starts at 9:00:00 AM on February 14, 2023 and closes at 11:59:00 PM on April 30, 2023 (the “Entry Period”). Unless otherwise specified, all times in these Official Rules are Eastern Standard Time (“EST”).
3. ELIGIBILITY. To be eligible to enter and win this Contest:
(a) You must be a legal resident of the United States and of the legal age of majority or older in your state, province or territory of residence at the time of entry;
(b)You must be a cancer researcher at an academic, medical, non-profit, and/or government institution within the United States;
(c) You must not be an employee, officer, director, agent or representative of the Administrator, their respective affiliates, subsidiaries, licensees, related companies, advertising and promotional agencies and the family and household members of any of the above;
(d) You must not be an employee at a for-profit company.
Each eligible person who completes these requirements shall be deemed an “Entrant” in these Official Rules. The Administrator reserves the right at any time to require proof of identity and/or eligibility to participate in the Contest and any failure to provide such proof may result in disqualification at the Administrator’s sole discretion.
4. HOW TO ENTER.
The Contest has two phases, and each phase must be entered as set forth below to be eligible for a Prize:
(a) Phase I of the Contest must be entered by filling out the SII web form located at https://sysmex-inostics.com/cancer-research-excellence-program/ and providing the information requested. The form must be completed in its entirety to enter Phase I of the Contest;
Entering the Contest in accordance with paragraph (a) is deemed as one (1) entry to the Contest (an “Entry”). Only one (1) Entry is allowed per Entrant. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
(b) Twenty (20) Entrants from Phase I of Contest will be selected as finalists for Phase II of the Contest. To enter Phase II of the Contest, Entrants selected as finalists must fill out a new SII web form that will be sent by the Administrator only to those Entrants selected as finalists. The form must be completed in its entirety to enter Phase II of the Contest.
Entering Phase II of the Contest in accordance with paragraph (b) is deemed as one (1) finalist entry to the Contest (a “Finalist Entry”). Only one (1) Finalist Entry is allowed per Entrant. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
All Entries and Finalist Entries become the sole property of the Administrator and none will be returned for any reason. Entries and Finalist Entries will be declared invalid if they are late, illegible, incomplete, garbled or mechanically or electronically reproduced.
Time keeping for this contest shall be determined solely by the Administrator’s server clock. In the event of any discrepancy between the time or time remaining in the Contest Period or in any promotional materials thereof and the time or time remaining as determined by the Administrator, the Administrator’s server clock shall prevail.
5. PRIZES. There are three (3) Prize levels in this Contest: (a) Two Grand Prizes consisting of free PSS runs at the Sysmex Inostics Lab located in Baltimore, Maryland (total approximate retail value = $200,000) (the two “Grand Prize”); (b) Phase II Prize consisting of a 10% discount on PSS sample processing (approximate retail value = $10,000) (the “Phase II Prize”); (c) One $250 Amazon Gift Card (approximate retail value = $250) (the “Phase I Prize”) (the Grand Prize, Phase II, and Phase I are each a “Prize” or collectively “Prizes”) available to be won by the Prize winners (each a “Winner” and collectively “Winners”). The currency of the Gift Card and approximate retail value will be USD. Prizes will be distributed as follows and in accordance with the selection process set out in Section 6 below:
(a) The Phase I Prize will be emailed within ten (10) days after Winner has been successfully contacted and notified of their Prize and fulfilled the requirements set out herein. The Grand Prize and Phase II Prize winners will be emailed The Research Collaboration Agreement within ten (10) days after Winner has been successfully contacted and notified of their Prize and fulfilled the requirements set out herein.
(b) If a Winner fails to comply with these Official Rules or withdraws for any reason, they will be disqualified and will not receive a Prize and the Administrator reserves the right to select another or additional Entrant(s), in the Administrator’s sole discretion, until such time as another eligible Entrant satisfies the terms set out herein.
(c) Each Prize must be accepted as awarded without substitution and cannot be transferred, assigned or redeemed for cash, except at the sole discretion of the Administrator. In the event a Prize (or any component thereof) cannot be awarded for any reason (including but not limited to force majeure or production exigencies), Administrator reserves the right, in its sole discretion, to substitute for another prize (or any component thereof) of equal or greater value, without liability. Any unused portion of a Prize will be forfeited and shall have no cash value, except where this limitation is prohibited by law.
(d) Winners of the Grand Prize must agree to and execute a Research Collaboration Agreement with SII in order to receive the Grand Prize. The Research Collaboration Agreement can be viewed at https://sysmex-inostics.com/research-collaboration-agreement/. If a Winner elects not to execute the Research Collaboration Agreement, the Administrator reserves the right, in its sole discretion to select another or additional Entrant(s), pursuant to paragraph 5(b) above.
(e) Prizes shall not be insured and Administrator shall not assume any liability for lost, damaged or misdirected Prizes.
6. WINNER SELECTION. Winners shall be selected as follows:
(a) Grand Prize - Completed Finalist Entries will be judged by The Sysmex Inostics Review Board. Completed Finalist Entries will be judged based on scientific soundness, impact, feasibility, ethics, and overall alignment with Sysmex Inostics priorities (the “Judging Criteria”). There will be two (2) Grand Prize Winners selected. The decision of the judges shall be final and binding and not subject to appeal. Winners will be notified by email at the email address provided with the Winner’s Entry within 5 days following selection of the Grand Prize Winners. Administrator shall have no liability for the Winners’ failure to receive notices due to spam, junk e-mail or other security settings or for the Winners’ provision of incorrect or otherwise non-functioning contact information. If a Winner cannot be contacted, is ineligible, fails to claim the prize within five (5) days from the time the prize notification was sent, or fails to timely return a completed and executed Research Collaboration Agreement, the prize may be forfeited and an alternate Grand Prize Winner selected. Receipt by a Winner of the Prize offered in the Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations.
(b) Phase II Prize - Completed Entries will be judged by The Sysmex Inostics Scientific Review Board. Completed Entries will be judged based on scientific soundness, impact, feasibility, ethics, and overall alignment with Sysmex Inostics priorities (the “Judging Criteria”). There will be twenty (20) Phase II Entrants selected. A Phase II Prize will be offered to each of the Phase II Entrants who does not win the Grand Prize, provided however, that each such Entrant completes a valid Finalist Entry. The decision of the judges shall be final and binding and not subject to appeal. Winners will be notified by email at the email address provided with the Winner’s Entry within 5 days following selection of the Grand Prize Winners. Administrator shall have no liability for the Winners’ failure to receive notices due to spam, junk e-mail or other security settings or for the Winners’ provision of incorrect or otherwise non-functioning contact information. If a Winner cannot be contacted, is ineligible, fails to claim the prize within five (5) days from the time the prize notification was sent, or fails to timely return a completed Phase II Entry, the Phase II Prize may be forfeited and an alternate Phase II Prize Winner selected. Receipt by a Winner of the prize offered in the Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations.
(c) Phase I Prize - On May 23, 2023, the Administrator at its offices located at 1812 Ashland Avenue, Suite 500, Baltimore, MD 21205, at 12pm EST, shall select one (1) Entry from among those Entries not selected for Phase II of the Contest, by way of random computer-generated draw from such Entries received as Winner of the Phase I Prize. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received during the Contest Period. The Selected Entrant will be notified by email no later than May 31, 2023. Upon notification, the selected Entrant must respond, by email to the email address included in the notification by no later than June 7, 2023, and complete and execute a release and waiver in the form provided by the Administrator, in order to be eligible to receive the Phase I Prize. If the selected Entrant does not respond in accordance with the Official Rules, or if they fail to comply with the terms of these Official Rules or voluntarily withdraw from the Contest, they will be disqualified and will not receive a Prize and another Entrant may be selected in the Administrator’s sole discretion until such time as an Entrant satisfies the terms set out herein. The Administrator is not responsible for the failure for any reason whatsoever of a selected Entrant to receive notification or for the Administrator to receive a selected Entrant’s response.
(d) In the event of an error in the Entry or drawing process, or any other aspect of the Contest, that results in more selected Entrants than contemplated in these Official Rules, the Administrator will conduct a random draw amongst all eligible selected Entrants, to award the correct number of Prizes.
(e) ANY VIOLATION OF THESE RULES BY A WINNER (AT ADMINISTRATOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.)
7. INDEMNIFICATION. By entering the Contest, Entrant releases and holds the Administrator and its affiliates, and their shareholders, directors, officers agents, employees and contractors (collectively, the “Released Parties”) harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. Entrant agrees to fully indemnify Released Parties from any and all claims by third parties relating to the Contest, without limitation. If a Winner abides by the Sunshine Act, it will be the Winner’s responsibility to advise SII so that SII can properly report the Prize costs, and Winners agree to indemnify SII in accordance with this Paragraph 7 in the event they fail to provide such notice.
8. RIGHTS. By completing the activities in connection with the Contest, each Entrant shall retain all right, title and interest (including copyright) in and to the Entries, and shall grant to the Administrator a worldwide, royalty-free, and irrevocable licence to copy, use, modify, reproduce, display, adapt and transmit Entries and content submitted for use in all media now known or hereafter devised in perpetuity beginning on the date of Entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The Entrant hereby confirms that the Entries are an original work, solely created by the Entrant, and that no third party has a claim of any kind to the Entries or any part thereof. Administrator assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each Entrant represents to Administrator that Entries or content submitted do not infringe any copyright interest of any third party and that Entries are not defamatory or obscene and do not violate any laws relating to hate speech or otherwise. Administrator reserves the right to exclude any Entries on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by the Administrator in its sole discretion.
Entrant acknowledges and agrees that SII may retain any non-used samples from the research collaboration for future internal applications.
9. LIMITATION OF LIABILITY. The Administrator assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, or replies or for any computer, online, software, telephone, cellular phone, mobile device, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. The Administrator is not responsible for any errors, omissions or inaccurate information, whether caused by website or mobile phone or device users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Administrator 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 Administrator is not responsible for any problems, failures or technical malfunction of any telephone network or lines computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, mobile applications on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Administrator is not responsible for any injury or damage to Entrant or to any computer or cellular phone or mobile device related to or resulting from participating or downloading materials or applications in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Administrator assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Administrator, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, lack of participation, fairness, integrity or proper conduct of this Contest.
10. CONDUCT. By participating in the Contest, each Entrant agrees to be bound by the Official Rules, posted at https://sysmex-inostics.com/crep-content-rules/, and made available upon request by self-addressed, stamped envelope to Sysmex Inostics, 1812 Ashland Avenue, Suite 500, Baltimore, MD 21205 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Administrator, which shall be final and binding in all respects. The Administrator reserves the right, in its sole discretion, to disqualify any Entrant found to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the Entry process or the operation of the Contest; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online SII property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
11. TERMS & CONDITIONS. Administrator reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Official Rules in any way, at any time, for any reason without prior notice. The Administrator reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should any virus, bug, non-authorized human intervention, fraud, or other cause beyond the Administrator’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, the Administrator may select the Winner(s) from all eligible Entries received prior to and/or after (if appropriate) the action taken by the Administrator. The Administrator reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the Entry process or the operation of the Contest or any website or violates these Official Rules. The Administrator has the right, in its sole discretion, to maintain the integrity of the Contest or to void Entries for any reason, including, but not limited to: multiple Entries from the same individual; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, the Administrator reserves the right to seek damages to the fullest extent permitted by law.
13. LAW. The Contest is subject to applicable federal, state, and local laws and regulations. The Official Rules are subject to change without notice in order to comply with any applicable federal, state, and local laws or the policy of any other entity having jurisdiction over the Administrator. THIS CONTEST IS GOVERNED BY THE LAWS OF THE STATE OF NEVADA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Nevada having jurisdiction. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES SHALL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE ATTORNEY’S FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES (I.E. COSTS ASSOCIATED WITH ENTERING THIS CONTEST). YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
14. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Entry form, or point of sale, television, print or online advertising, the terms and conditions of the Official Rules shall prevail, govern and control.
15. INTELLECTUAL PROPERTY. All intellectual property relating to the Contest, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Administrator and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.