ACS QUEST OFFICIAL RULES
DATED: April 7, 2024
ACS Events, LLC, a Maryland limited liability company (“ACS Events”) will conduct its “ACS Quest” scavenger hunt (the “Contest”) at the International Security Conference & Exposition, also known as ISC West, which takes place at the Venetian Expo in Las Vegas, NV April 9-12, 2024 (the “Conference”) substantially as described in these rules. By participating and/or signing up to participate in the Contest, each individual that does so (each, a “Participant”) agrees to these official rules (the “Official Rules”) and grants ACS Events the right to use and disclose such Participant’s information as set forth herein. All interpretations of these Official Rules and all decisions relating to the Contest will be made by ACS Events in its sole and absolute discretion and will be final and binding on all Participants in all respects.
1. Eligibility. The Contest is open to individuals that (a) are eighteen (18) years of age or older and the age of legal majority in his or her state or jurisdiction of primary residence at the time of entry, (b) are registered to attend the Conference, (c) are employees, owners, officers, managers, directors, or other authorized representatives of security industry integrators, installers, distributors, specifiers, end users, or other Conference attendees, OTHER THAN (i) manufacturers of security equipment or devices or providers of security software (including as a SaaS provider), or (ii) competitors of ACS Events and/or of any ACS Related Parties (as defined below), and (d) are not under any contractual or other legal obligation that prohibits or restricts their ability to participate in the Contest or that otherwise conflicts with the Contest or these Official Rules. The Contest is void where prohibited or restricted by law and is subject to all applicable federal, state, and local laws. Owners, managers, officers, and employees of ACS Events or any of its affiliates, including, without limitation, Access Control Executive Brief (collectively, “ACS Related Parties”), are not eligible to win a Prize (as defined below) but may participate. Each Participant that meets all of the above eligibility criteria is referred to hereafter as an “Eligible Participant”. For the avoidance of doubt, any person that owns, controls, or works for (in any capacity), a manufacturer of security equipment or devices, a provider of security software (including as a SaaS provider), or any competitor of ACS Events and/or of any ACS Related Parties, in the sole and absolute discretion of ACS Events, is NOT an Eligible Participant.
2. Nature of the Contest. The Contest consists of two separate scavenger hunts, each of which must be played through the Scavify mobile application (the “Scavify App”) and will involve a series of tasks and/or challenges that Eligible Participants must complete in various locations throughout the Conference venue and grounds, each of which will be sponsored by a Conference exhibitor, sponsor, or organizer (each, a “Challenge”) and then document (via submission of pictures or as otherwise directed) through the Scavify App, all within a limited amount of time as set forth below (each, a “Hunt”). Subject to all other provisions of these Official Rules, generally the winner of each Hunt will be the Eligible Participant that completes all challenges and tasks for that Hunt in the least amount of time and prior to the end of that Hunt (as more fully set forth below) and that is physically present at the Reveal (as defined below). Eligible Participants may participate in and win either or both Hunts.
3. Date and Time. The first Hunt will begin at 10:00 AM on April 10, 2024, and end at 3:00 PM on April 10, 2024 (the “First Hunt”). The second Hunt will begin at 10:00 AM on April 11, 2024, and end at 3:00 PM on April 11, 2024 (the “Second Hunt”). All times are local time for the Conference location. The period of time from beginning to end of each Hunt as set forth in the previous sentence will be referred to hereafter as a “Hunt Period”.
4. How to Enter and Participate. In order to participate in either Hunt, Eligible Participants first must sign up to enter the Contest by either (a) providing all information requested (i) on the online Contest signup page which will be available at the following URL for a limited period of time as determined by ACS Events (the “Signup Page”): https://mqt7vln1m2y.typeform.com/to/eTcGqlIc?typeform-source=www.linkedin.com, and/or (ii) by the Scavify App when creating an account and/or signing up to participate in the Contest, AND (b) taking the action specified on the Signup Page to indicate their acceptance and agreement to be bound by these Official Rules and/or by joining either Hunt on the Scavify App (as applicable). All Eligible Participants that complete the signup process through the Signup Page will receive an email with instructions on how to download the Scavify App to a compatible mobile device and then find on the Scavify App and enter either or both Hunts. Prospective Participants also may request such instructions by emailing ACS Events at the email address set forth in the last section of these Official Rules. HOWEVER, ONLY THE FIRST 500 ELIGIBLE PARTICIPANTS TO DOWNLOAD THE SCAVIFY APP, COMPLETE THE SIGNUP PROCESS, AND JOIN A HUNT WILL BE ELIGIBLE TO PARTICIPATE IN THAT HUNT. No purchase is necessary in order to participate in the Contest. Once an Eligible Participant enters a Hunt through the Scavify App, he or she will be presented with the Challenges and associated instructions for that Hunt. While the Scavify App may have some verification functionality to confirm Challenges were actually completed as claimed by the Eligible Participant, ACS Events reserves the right to review or not to review one, some or all Challenges, the documentation submitted by one or more Eligible Participants for one or more Challenges, and all other aspects of the participation in either or both Hunts by one or more Eligible Participants, and make any determination regarding the foregoing, eligibility, compliance with these Official Rules, performance, accuracy, completeness, participation, any applicable leaderboard, and final results of each Hunt that ACS Events deems necessary or desirable in its sole an absolute discretion. To the extent deemed necessary or desirable by ACS Events (as a condition to receiving a Prize or otherwise), each Participant shall complete, sign, and return to ACS Events a separate written affidavit of eligibility, W-9 (for Winners in order to issue them required tax documents), liability release, and/or publicity release provided by ACS Events consistent with the terms of these Official Rules within 5 business days of request.
5. Conduct. The following conduct in connection with the Contest is prohibited: (a) falsifying any information provided during the signup process and/or any aspect of participation in the Contest, (b) defamatory, obscene, lewd, or otherwise inappropriate language or behavior, (c) violation of any applicable law, rule, regulation, ordinance, judgement, or decree (collectively, “Laws”), (d) violation of any applicable policies, rules, or regulations of the Conference and/or the Conference venue, (e) interfering (directly or indirectly) with any aspect of the Contest, any Eligible Participant’s participation or attempted participation in the Contest, (f) violation of any terms of use, terms of service, or other terms and conditions imposed by Scavify in connection with use of the Scavify App, (g) any manipulation or ‘hacking’ or attempted manipulation or ‘hacking’ of the Scavify App or any other systems used by ACS Events in connection with the Contest, and (h) any other action or conduct deemed to be not in the spirit of the Contest by ACS Events in its sole and absolute discretion.
6. Determining and Announcing Winners. The winner of each Hunt will be the Eligible Participant that (a) successfully completes all Challenges for that Hunt in the least amount of time and prior to the end of the applicable Hunt Period, or if no Eligible Participant completes all Challenges prior to the end of the applicable Hunt Period, the Eligible Participant that successfully completed the most Challenges in the least amount of time prior to the end of the applicable Hunt Period, AND (b) is physically present at the Reveal (as defined below) for that Hunt and claims the Prize when his or her name is announced (each, a “Winner”). ACS Events will use information from the Scavify App to determine the Winner of each Hunt. ACS Events will announce the Winner of the First Hunt at the LiftMaster stand (# 26069) on Level 2 of the Venetian Expo at 3:50pm on April 10, 2024, and the Winner of the Second Hunt at the ZKTECO USA stand (#25041) on Level 2 of the Venetian Expo at 4:00pm on April 11, 2024 (each such announcement, a “Reveal”), provided that ACS Events reserves the right to change the location and/or time of either or both Reveals in the event either such time and/or location becomes impracticable for any reason, due to changes by the Conference organizers, LiftMaster, ZKTECO USA, and/or the Conference Venue, and/or for any other reason beyond the reasonable control of ACS Events, in which case ACS Events will notify all Eligible Participants of such changes through the Scavify App.
7. The Prizes. The Winner of each Hunt will win a cash prize of $25,000 (each, a “Prize”). In the event ACS Events concludes there has been a tie amongst two or more Eligible Participants in a particular Hunt, the Prize for that Hunt will be split equally amongst all such tied Eligible Participants (each of whom will be deemed a “Winner” for purposes of these Official Rules). In the event a person initially determined to be a Winner based on their performance in a Hunt is subsequently determined not to be the Winner, because such person was not physically present at the applicable Reveal, did not claim the Prize when announced, did not comply with these Official Rules, and/or was found not to meet the eligibility requirements, then such person will not be the Winner and will forfeit the Prize (a “Disqualified Participant”), and ACS Events will determine the Winner from the remaining Eligible Participants. Prizes will be paid by ACS Events within fourteen (14) days of the relevant Reveal by check or by ACH, wire, or other electronic transfer to an account specified by the Winner, provided that such fourteen (14) day period will be deemed tolled during any period (a) in which ACS Events is waiting for written financial account instructions and/or a W-9 requested from any Winner, (b) between ACS Events determining there has been a Disqualified Participant for a Hunt and determining a new Winner for that Hunt, and/or (c) in which ACS Events is waiting for the return of any Prize previously awarded to a Disqualified Participant. Any Disqualified Participant that actually received a Prize before being designated a Disqualified Participant shall return the Prize or repay ACS Events the amount of the Prize upon demand. All federal, state, and local taxes, fees, and surcharges assessed or otherwise payable with respect to each Prize are the sole responsibility of the Winner of such Prize. ACS Events may issue each Winner a 1099-MISC or other tax form to the extent required by Law.
8. Publicity and Use of Participant Information. Except to the extent prohibited by Law, by participating in the Contest and/or signing up for the Contest, each Participant hereby grants ACS Events the right to (a) use such Participant’s name and likeness in connection with the conduct of the Contest (including, if applicable, announcing the Winners) and to promote the Contest and/or ACS Events and/or any ACS Related Parties, and (b) disclose such Participant’s name, likeness, and all information provided by Participant on the Signup Page and/or on the Scavify App in connection with the Contest (collectively, “Participant Information”) to each Conference exhibitor, sponsor, and/or organizer that sponsors a Challenge (each, a “Challenge Sponsor”).
9. Rights Granted By Participants; Contest Submissions; Non-Disparagement. Without limiting the generality of any other provision of these Official Rules, by participating in and/or signing up for the Contest, each Participant irrevocably:
(a) agrees that he or she will not now nor in the future be compensated for signing up for or participating in the Contest, the submission of any pictures, content, or other information in connection with the Contest, or for granting any of the rights set out in these Official Rules to ACS Events and the ACS Related Parties;
(b) grants to ACS Events and its licensees, successors and assigns a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully paid up, non-assessable, sub-licensable (through multiple tiers), and transferable right and license to edit, modify, adapt, translate, exhibit, transfer, transmit, publish, reproduce, download, view, print, copy, create derivative works from, distribute, perform, display (publicly or otherwise), and otherwise use and exploit (in any medium or format now known or hereafter invented, physical, electronic, or otherwise) all documentation, photos, and other content submitted by such Participant through the Scavify App or otherwise in connection with completing or attempting to complete one or more Challenges or otherwise participating in the Contest, and the names, likenesses, photographs, voices and images of all persons referenced and/or appearing therein (collectively, “Submission Content”) and the fact that Participant has participated in and/or signed up for the Contest, won and/or forfeited a Prize along with any information about such Prize (if applicable) anywhere in the world in any form (tangible or intangible, permanent or ephemeral, including, without limitation, audio, video, print, electronic, written, and photographic) and via any transmission medium (including, without limitation, television, radio, Internet, and print) now existing or that may exist in the future for advertising, trade, promotion, publicity and other related purposes without compensation and without notice to or consideration, review or approval from Participan, its successors or assigns, and irrespective of whether or not Participant is a Winner for any and all lawful purposes in connection with the Contest or otherwise to promote the business or further the interests of ACS Events and/or of any ACS Related Parties (the “License”). Each Participant represents and warrants that such Participant is legally entitled to grant the License as described above.
(c) agrees to be questioned or interviewed (whether in person or by other means such as email or phone), filmed and photographed and agrees to be available for interviewing, filming, photography and for other public relations, marketing and promotional activities associated with the Contest, as reasonably requested by ACS Events;
(d) agrees to allow ACS Events and/or any of the Challenge Sponsors to make contact with the Participant (whether in person, by phone, email or otherwise) for the purpose of requesting further information from the Participant in relation to their participation in the Contest, attendance at the Conference, or for any other purpose related thereto;
(e) agrees not to publish or disclose any non-public information in connection with the Contest or any Prize (in particular, without limitation, to a representative of the media, in whatever form) without the prior written consent of ACS Events; and
(f) agrees that Participant will not, directly or indirectly make to any person or group of people, or disseminate, publish, or post in or on any website, blog, print medium, social media platform, or other public or private forum any oral, written or electronic statement about ACS Events, any ACS Related Party, the Contest, or any Challenge Sponsor that is false, defamatory, libelous or slanderous, or that is otherwise disparaging and made with the intent to harm the reputation of ACS Events and/or any ACS Related Party, provided that no statement will be considered a violation of the foregoing if it is made in any pleading, deposition, affidavit, answer to any interrogatory, or other document or procedure pursuant to any litigation or legal compulsion.
10. Force Majeure. Notwithstanding anything to the contrary contained herein, neither ACS Events nor any ACS Related Parties will be responsible for any technical failures, fraud or misrepresentation of any person or entity (other than ACS Events or ACS Related Parties), or events beyond the reasonable control of ACS Events, including, without limitation, problems with the Scavify App (whether caused by bugs, defects, or other Scavify systems or software issues), failure of cellular, wi-fi, or other network connection points to the Internet, issues affecting the Conference or Conference venue in general, acts of God, war, terrorism, civil commotion/riot, fire, flood or other casualty, shortages of transportation, fuel/energy, labor, materials or equipment, inclement weather, actions or Laws of federal, state or local governments, authorities or the military (collectively, “Force Majeure Events”). If any Force Majeure Event impairs the integrity or proper functioning of the Contest, ACS Events reserves the right at its sole and absolute discretion to cancel, terminate, modify or suspend the Contest and/or determine one or more Winners from among all Eligible Participants as of the date of termination.
11. Waiver and Severability. No failure or delay by ACS Events to exercise any right or remedy under these Official Rules will operate as a waiver thereof; and no single or partial exercise or waiver of any such right or remedy by ACS Events will preclude any other or further exercise thereof or of any other right or remedy. ACS Events will not be deemed to have waived any claim arising out of these Official Rules, or any right or remedy hereunder, unless the waiver of such claim, right or remedy is expressly set forth in a written instrument duly executed and delivered by an authorized representative of ACS Events; and any such waiver will not be applicable or have any effect except in the specific instance in which it is given. If any term or provision of these Official Rules or the application thereof to any person or circumstance is found to be invalid or unenforceable, (a) the remainder of these Official Rules will be unaffected thereby and each remaining term or provision hereof will be valid and enforced to the fullest extent permitted by Law, and (b) to the extent not prohibited by applicable Law, the portion held invalid will be deemed modified to the least extent possible so that it becomes valid and enforceable in a manner as closely matching the original intent as possible, otherwise it will be deemed severed from these Official Rules.
12. Integration. These Official Rules contain the entire agreement between ACS Events and each Participant with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, promises, understandings, and communications, whether oral, written, or electronic, express or implied. Each Participant represents and warrants that such Participant has not relied on any statement, representation and/or warranty that is not expressly set forth or incorporated in these Official Rules. In the event of any inconsistency between these Official Rules and any other communication by ACS Events, any Challenge sponsor, any representative of the Conference, any representative of the Conference venue, or any other third party relating to the Contest, these Official Rules will govern.
13. Amendment. These Official Rules may not be amended, modified, or superseded by any person or entity other than ACS Events. In the event ACS Events determines that an amendment, modification, or new version of these Official Rules is necessary to comply with Law and/or the rules or policies of the Conference and/or the Conference venue, or otherwise to protect the integrity of the Contest or to ensure the proper conduct of the Contest as intended by ACS Events, ACS Events will notify all Participants via email to the email address provided on the Signup Page or through the Scavify App. Each Participant’s continued participation in the Contest thereafter will constitute such Participant’s acceptance and agreement to be bound by such amendment, modification, or new version.
14. Governing law; Jurisdiction. All claims, issues, questions, and disputes concerning the construction, validity, interpretation and enforceability of these Official Rules and/or arising out of or relating to any aspect of the Contest, and the rights and obligations of all Participants and of ACS Events in connection with the Contest, will be governed by and construed in accordance with the laws of the state of Nevada without reference to the conflict of laws principles of such jurisdiction. All disputes, claims, and/or controversies in any way relating to or arising out of the Contest, these Official Rules, and/or the Scavify App must be brought and heard exclusively in the State courts located in Rockville, Maryland or, if a basis for Federal jurisdiction exists, in the United States District Court for the District of Maryland located in Greenbelt, Maryland. Each Participant hereby irrevocably consents to the personal and subject matter jurisdiction of such courts and irrevocably waives any claim that any such court represents an inconvenient or otherwise inappropriate venue or forum. Any judgment in any such dispute may be enforced in any other jurisdiction by suit on such judgment or in any other manner provided by Law.
15. Jury Trial and Class Action Waivers. EACH PARTICIPANT WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF, OR RELATED TO, THE CONTEST, THESE OFFICIAL RULES, AND/OR THE SCAVIFY APP. ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NO PARTICIPANT MAY SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH PARTICIPANT ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ACS EVENTS.
16. Limitation of Liability; Release; Indemnity. The following provisions will apply to the maximum extent permitted by applicable Law and, to the extent not permitted thereby, will be deemed modified as little as possible to render them compliant with such Laws while retaining as much of their original intent as permitted thereby:
(a) The sole obligation of ACS Events relating to or arising out of the Contest is to conduct the Contest in good faith;
(b) Each Participant assume all risk of damaged, lost, late, incomplete, invalid, incorrect and/or misdirected submissions through the Scavify App;
(c) ACS Events makes no warranties, representations or guarantees of any kind, express or implied, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular use or purpose, whether oral, express, implied or statutory, regarding the Signup Page, the Contest, the Scavify App, the Conference, the Conference venue, or any of the matters addressed by these Official Rules, including without limitation, that any of the same will be available, functional or accessible to any person at any given time, and hereby disclaims any and all such warranties;
(d) Each Participant hereby acknowledges and agrees that the relationship between Participant and ACS Events is not a confidential, fiduciary, or other special relationship and that neither ACS Events, any ACS Related Party, or any Challenge Sponsor, nor any of their respective parents, subsidiaries, affiliates, dealers, resellers, distributors, registrars, or advertising/promotion agencies, nor any of their respective owners, managers, employees, officers, directors, agents, contractors, attorneys, or representatives (collectively, the “Released Parties”) will be liable for (and all Released Parties will be held harmless from and against) any damage, loss, liability, cost, expense, personal injury, death, and/or property damage to Participant, any attendee of the Conference, the Conference organizers and sponsors, the Conference Venue, or any other third party arising out of, relating to, or resulting from participation in the Contest, conduct of the Contest by ACS Events (including any decision or determination made by ACS Events contemplated by these Official Rules), use of the Scavify App, or the use or exercise by ACS Events and/or any ACS Related Parties of the License, any Participant Information, and/or any of the rights granted to them by Participant hereunder;
(e) NOTWITHSTANDING ANYTHING IN THESE OFFICIAL RULES OR OTHERWISE TO THE CONTRARY, IN NO EVENT WILL ACS EVENTS OR ANY ACS RELATED PARTIES BE LIABLE FOR, AND EACH PARTICIPANT HEREBY WAIVES ALL RIGHTS TO (I) ANY DIRECT DAMAGES INCURRED BY PARTICIPANT OR ANY THIRD PARTY IN EXCESS OF TEN DOLLARS ($10.00), OR (II) ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN EACH CASE INCURRED BY PARTICIPANT OR ANY THIRD PARTY, ARISING OUT OF OR RESULTING FROM PARTICIPATION IN THE CONTEST, CONDUCT OF THE CONTEST BY ACS EVENTS (INCLUDING ANY DECISION OR DETERMINATION MADE BY ACS EVENTS CONTEMPLATED BY THESE OFFICIAL RULES), USE OF THE SCAVIFY APP, OR THE USE BY ACS EVENTS AND/OR ANY ACS RELATED PARTIES OF THE LICENSE AND/OR OF ANY PARTICIPANT INFORMATION, WHETHER IN AN ACTION IN CONTRACT OR TORT, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ACS EVENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; and
(g) Except to the extent directly caused by the gross negligence of ACS Events or any ACS Related Parties, each Participant hereby releases and shall indemnify, defend, and hold harmless all of the Released Parties from and against all liabilities, claims, damages, costs and expenses, including the internal costs of personnel responding thereto and/or participating therein, and all reasonable attorneys' fees and expenses (including on appeal), in any way relating to or arising out of the Contest, including, without limitation, with respect to the exercise by ACS Events of any of its rights hereunder. In the event any of the Released Parties is threatened with suit or sued by any third party, any of the affected Released Parties may seek written assurances from the relevant Participant(s) concerning this indemnity obligation and any failure to provide such assurances may be considered a material breach of the Official Rules.
17. California Civil Code Section 1542 Notice. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) EACH PARTICIPANT EXPRESSLY WAIVES ANY AND ALL RIGHTS AND BENEFITS THAT IT MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS: "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."
18. Contest Sponsor and Promoter; Requests for Winners List, Official Rules; Other Questions. The sponsor and promoter of the Contest is ACS Events, LLC, a Maryland limited liability company with a principal place of business located at 909 Rose Avenue, Office 19, North Bethesda, Maryland 20852. Participants may request a list of the Winners and/or a copy of these Official Rules, or submit other questions regarding the Contest by emailing ACS Events at lee@leeodess.com.