2019 Giveaway Official Rules

Pro Dictation Giveaway 


1. ELIGIBILITY: The Olympus Pro-Dictation Giveaway (“Giveaway”) is open only to those residents of the 50 United States, the District of Columbia, and Canada (excluding Quebec) who are 18 years of age or older as of the time of entry. Employees of Olympus or Olympus contractors, and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and their immediate family members (spouses, parents, children, siblings and their spouses) and/or those living in the same household of each (whether related or not) are not eligible.  Olympus reserves the right in its sole discretion to determine whether a participant is eligible under the eligibility requirements provided in these Official Rules for all purposes. Entry in the Giveaway constitutes your full and unconditional acceptance of these “Official Rules”.

2. GIVEAWAY PERIOD: The Giveaway period begins at 12:00 a.m. (ET) on July 4, 2019 and ends at 11:59pm (ET) on August 31, 2019 (the “Giveaway Period”).

3. GIVEAWAY ENTRY INSTRUCTIONS: During the Giveaway Period, using the form provided, share an original story on how you use your Olympus dictation solution and how it has made your life easier (“Olympus Story”). Proof of ownership of an Olympus Pro-Dictation or Pro-Audio product will be required with your submission.   Once the form has been submitted, with proof of ownership of an Olympus Pro-Dictation product or Olympus Pro-Audio product, Participant will receive one (1) entry to the Giveaway. All Entries become the sole property of the Sponsor and will not be returned. Each person who endeavors to submit an Entry herein shall be deemed a “Participant” or be referred to collectively as “Participants”. 

Participants may only receive up to a maximum of one (1) Entry into the Giveaway per Participant regardless of the manner of entry.  Additional Entries above the one (1) described herein are not permitted.  All Entries will be treated equally.  Purchase of any Olympus products will not improve your chances of winning.  Any attempt by any Participant to obtain more than the stated number of Entries by using multiple/different email addresses, phone numbers, identities, registrations and logins, or any other methods will void that Participant’s Entries and that Participant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any registration, the first listed name of the authorized account holder of the email address used to will be deemed to be the Participant.  The potential winner may be required to show proof of being the authorized account holder.

5. SELECTION OF THE WINNER/CLAIMING PRIZE: One (1) prize winner (hereinafter “Winner”) will be selected from among all eligible Entries received. The Winner will be selected by a random drawing to be conducted within one (1) week from the end of the Giveaway Period by Olympus.  Odds of winning are dependent upon the number of eligible Entries received as described in these Official Rules. Olympus or its designated representative will make two (2) attempts to contact the selected Winner by phone or e-mail (using the information provided at the time of entry) within one (1) business day of selection. If the selected Winner cannot be contacted during such time or if there is a return of any notification as undeliverable; then the selected Winner will be disqualified (and will forfeit all rights to his/her respective prize) and Olympus reserves the right, in its sole and absolute discretion, to select an alternate eligible Winner from among the remaining eligible Entries (in which case the forgoing provisions of this section shall apply to such new selected Winner).  Winner will be sent an acceptance package to be completed and returned to Olympus. For Canadian Residents OnlyBefore being declared a potential Winner, an eligible entrant who is a Canadian resident will be required to correctly answer a mathematical skill testing question, to be administered by Olympus, without mechanical or other aid.  The Winner will have the option of receiving the acceptance package via overnight mail or by e-mail. The Winner will have four (4) days from the date such acceptance package is received to claim his/her prize by completing, signing, and returning, as evidenced by post mark, the Affidavit of Eligibility and the US IRS FORM W-9, if applicable. If the Winner cannot be contacted, provides incorrect e-mail or mailing address, is ineligible, does not comply with these Official Rules, fails to claim the prize, fails to return the completed and executed forms as required, or if the prize notification or prize is returned as undeliverable, an alternate eligible Winner may, in Olympus’ sole discretion, be selected. Olympus’ decisions shall be final in all matters pertaining to this Giveaway.

6. PRIZES: The Winner will receive the following prize (“Prize”):

One (1) Olympus Tough TG-6 (MSRP US$449.99) 
The Winner is responsible for any and all applicable federal, state or local taxes that may result from the receipt of any Prize. Prizes are non-refundable, nontransferable, and may not be redeemed or substituted for cash. Olympus reserves the right to substitute any Prize with another prize of equal or greater value.   

7.  USE OF ENTRIES:  By submitting an Entry, Participant grants to Olympus a worldwide, perpetual, unrestricted, sublicensable, royalty free license and right to use, copy, broadcast, post, display, commercialize, or create derivative works from, the Olympus Story provided by Participant, as set forth in the Entry, in any media, platform or format, now known or hereafter devised, for advertising, promotional, educational or publicity purposes, without additional review, compensation, permission or approval of the Participant; and to use Participant’s name, occupation, city and state with the Olympus Story to attribute the Olympus Story to the respective Participant who submitted the Entry.   

8.  USE OF WINNER’S LIKENESS; WAIVER AND RELEASE; INDEMNITY FROM USE: Except where prohibited by law, by accepting the Prize, the Winner grants Olympus a perpetual, worldwide, royalty-free license and right, to publicize, broadcast, display and/or otherwise use the Winner’s name, city, state, biographical material, picture/portrait, likeness and/or voice (collectively, “Licensed Rights”) in any media now known or hereafter devised for advertising and publicity purposes, without additional review, compensation, permission or approval of the Winner. Winner agrees that Olympus shall have no liability whatsoever for, and the Winner will defend and hold harmless Olympus from, any liability resulting from any injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Prize or participation in this Giveaway. 

9. LIMITATION OF LIABILITY; WAIVER; GENERAL INDEMNIFICATION: Participant agrees that Olympus will have no liability whatsoever for, and will indemnify and hold harmless Olympus, its parent, subsidiary and affiliated companies, including their respective officers, directors, employees and agents (collectively, the “Giveaway Indemnitees”) from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by Winner, Participant, or any third party against any of the Giveaway Indemnitees due to or arising out of the Participant’s submission in this Giveaway, or the Participant’s conduct during and in connection with this Giveaway, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy, or defamation. No liability or responsibility is assumed by Olympus resulting from any Participant’s participation in or attempt to participate in the Giveaway or ability or inability to upload, or download any information in connection with participating in the Giveaway. No responsibility or liability is assumed by Olympus for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Giveaway: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; actions by participant’s cellular carrier; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Olympus web site (“Web Site”) in whole or in part for any reason; traffic congestion on the internet or the Web Site; unauthorized human or non-human intervention of the operation of the Giveaway, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Giveaway, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Giveaway. Each Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Olympus reserve the right to correct typographic, clerical or printing errors in any Giveaway materials. Olympus is not responsible for any typographical or other error in the printing of this Giveaway, the administration of the Giveaway or in the announcement of the Winner, including such error as may give an erroneous indication that a prize has been won. In the event Olympus is prevented from continuing with this Giveaway, or the integrity and/or feasibility of the Giveaway is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within Olympus’ control (each a “Force Majeure” event)  Olympus shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Giveaway without notice or further obligation. If Olympus, in its discretion, elects to abbreviate, cancel or terminate the Giveaway as a result of a Force Majeure event, Olympus reserves the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Olympus. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If for any reason the Giveaway is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Olympus that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Olympus reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway and award the prize from among all eligible entries received prior to cancellation or termination. Olympus 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. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, OLYMPUS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10.  GOVERNING LAW AND JURISDICTION:  Any disputes that may arise hereunder shall be governed in all respects by the laws of the Commonwealth of Pennsylvania without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts located in the city of Philadelphia, within the Commonwealth of Pennsylvania.

11.  WINNER(S) LIST: Please contact AUDIO@OLYMPUS.COM for the name of the winner.

12. SPONSOR: The sponsor of this Giveaway is Olympus America Inc., Consumer Products Group (referred to herein as “Olympus”) with offices located at 3500 Corporate Parkway, Center Valley, Pennsylvania 18034.