InteraXon’s #MyMom Contest, April 23rd- May 10th 2015
NO PURCHASE NECESSARY TO PARTICIPATE OR RECEIVE PRIZES. PURCHASE OR ACCEPTANCE OF A PRODUCT OFFER DOES NOT IMPROVE YOUR CHANCES OF WINNING.
InteraXon Inc., 511 King St. West Suite 303, Toronto, ON M5V 3K4 (“Sponsor” or “InteraXon”). The selected Entrant (defined below) must answer a skill testing question and complete a Release (described below).
InteraXon’s #MyMom Contest (“Contest”) submissions begin on April 23rd 2015 at 5:00:01 p.m. Eastern Standard Time (“EST”) and end on May 10th 2015 at 11:59:59 p.m. EST (“Contest Period”). The Sponsor’s servers are the official time keeping device for this Contest. The time that an Entry (defined below) is received by the Sponsor will be the time at which it is received by the Sponsor’s mail server or web server (as applicable) as determined in accordance with the applicable server’s clock.
The Contest is open only to residents of the forty eight (48) contiguous United States, District of Columbia and Canada (excluding Quebec) who have reached the age of majority in their respective jurisdiction at the time of entry (each entrant, an “Entrant”). Void in Guam, Puerto Rico, the U.S. Virgin Islands and where prohibited by law. Employees of Sponsor or any of its respective affiliates, subsidiaries, advertising agencies, representatives, agents, or any other company or individual involved with the design, production, execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which, subject to applicable law, are final and binding in all matters related to the Contest. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER
Entrants must post via Twitter, Facebook, or Instagram, using the hashtag #MyMom and the handle @choosemuse, a message of gratitude for the mother in their life. All posts must use the hashtag #MyMom and the handle @choosemuse to be accepted (all steps collectively, an “Entry”). All Entries must be made in compliance with these Official Rules and be received by Interaxon during the Contest Period. Limit is one Entry per Entrant for the Contest, regardless of the social channel used. Entries that exceed this limit will invalidate all Entries previously made by that Entrant.
If the identity of an Entrant is disputed, the Entrant will be deemed to be the name on the Entry. An Entrant may be required to provide proof that he/she is the authorized account holder of the account associated with the winning Entry. Entries are subject to verification and may be disqualified if they are late, misdirected, incomplete, illegible, irregular, submitted through illicit means, not original to the Entrant, or if they contain any false statements or do not conform to or satisfy any condition of these Official Rules. No mechanically reproduced, illegible, or incomplete Entries will be accepted. The use of any device to automate the entry process is prohibited; entries must be manually key-stroked. The Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest.
OWNERSHIP OF ENTRY AND OTHER RIGHTS
Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an Entry:
Entrant represents and warrants that his or her Entry and all elements contained therein (“Content”) are his or her original work, have not been stolen or plagiarized, previously published or distributed in any media and have not been entered in or won previous contests or awards; and, that the Content does not violate any copyright, trademark, publicity right, or any other right of any third party.
Entrant represents and warrants that Entrant meets the requirements and qualifications for this Contest and that Entrant has read these Official Rules and is fully familiar with them and by submitting an Entry, Entrant is confirming that Entrant agrees to the Official Rules.
Entrant grants to Sponsor an unconditional, perpetual and irrevocable license and right to reproduce, use, exhibit, display, adapt, broadcast and distribute and create derivative works of the Content (including without limitation copyright) in any media now known or later developed, throughout the world. Submission of the Entry is a waiver of any right to inspect or approve the use of the Content, as well as a waiver of any “moral rights” or right to royalties or other compensation arising from or related to the use of the Entry.
Entrant agrees to indemnify, and hold Sponsor Entities (defined below) harmless from and against any claim (including reasonable attorneys’ fees and costs) arising from any use of the Content or Entrant’s participation in the Contest or receipt or use of any Prize, including without limitation, to: (1) unauthorized human intervention in the Contest; (2) technical errors related to computers, servers, providers, or telephone or network lines; (3) printing errors; (4) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (5) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any Prize. Entrant further agrees that in any cause of action, the Sponsor Entities’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Sponsor Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, special, punitive, consequential, direct, or indirect damages.
Entrant acknowledges and agrees that if Entrant provides Sponsor Entities (whether as part of the Contest or thereafter) any findings, feedback or recommendations, including actual or apparent errors, problems, non-conformities with the Prize or Sponsor’s products and/or software (collectively, “Feedback”), Entrant gives Sponsor the right to use the Feedback on a royalty-free, sub-licensable, non-revocable and exclusive basis to market, develop, manufacture, make, have made, reproduce, have reproduced, modify, use, export/import, offer to sell and sell as part of Sponsor’s technology, products or services and to grant others the right to do so.
Entrant grants Sponsor Entities the right (except where prohibited by law), to use the Entrant’s tweet, submission/entry and written or oral statements (including without limitation Feedback), for advertising and promotional purposes in promoting or publicizing the Contest, Sponsor and its goods and services, without compensation except to the extent required by law. Entrant waives any right to publicity, privacy or moral rights relating to the Content or Feedback or Entrant’s participation in this Contest, Entrant shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, rights of integrity or attribution, or right of publicity) arising out of any use, blurring, alteration, or use of Entrant’s name, image, picture, likeness, voice, biographical information, Entry, Feedback or Content. Sponsor shall have no obligation to use the winning Entry or any other Entry for any purpose. To the extent any rights may not be waived legally, Entrant agrees not to assert them.
Entrant represents and warrants that the Entry shall not: (1) contain trademarks or copyrighted material not owned by entrant or used without permission (including, but not limited to, company names and other brand names); (2) use individuals’ names, in whole or in part without permission; (3) refer to public figures; (4) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content; (5) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor; (6) promote a political agenda regardless of the political affiliation; or (7) contain materials embodying the names or other identifying elements of any person, living or dead, without permission.
Five (5) winners will receive one (1) of five (5) Muse Headbands and MisFit Shine, with an approximate retail value of $399.99 USD (“Prize”). Prizes must be accepted as awarded. Prizes are not convertible to cash. The Sponsor reserves the right to substitute the Prize in whole or in part for any reason whatsoever and such substitute shall be considered to be a “Prize”. Taxes and fees, if any, are the sole responsibility of Prize-Winner. Additional restrictions, conditions and limitations may apply. Sponsor is responsible only for Prize delivery and is not responsible for Prize utility or otherwise.
The Prize-Winner will be selected by Interaxon staff at 511 King St. West, Toronto, ON M5V 3K4 on May 11th 2015. Five (5) winners will be selected and will be notified via the social channel they chose to post in within 48hrs of them being selected by Interaxon staff.
Winner must respond to Interaxon within two (2) business days of notification to the Interaxon contact information provided by Interaxon in the notification in order to qualify to receive the Prize. If the winner cannot be contacted or does not respond in accordance with the Official Rules within the time specified or if in the sole discretion of Interaxon the winner does not comply with the Official Rules, he/she will be disqualified and will not receive a Prize.
Before being declared a winner, the selected Entrant must answer a skill-testing question and sign a release form (“Release”) and submit it to Interaxon by the time specified by Interaxon in order to receive his or her Prize. Winners who submit the completed Release and answer the skill-testing question correctly will be sent their Prize soon thereafter to the address listed on the Release provided such address is in one of the jurisdictions in which this Contest is authorized. The declared Winners must confirm the following in the Release:
They have reviewed, understood and agree to the Contest Rules which include without limitation: confirmation by the Entrants that they own all rights to the Content and the Entry, and that they have granted rights to Interaxon to use the Content and the Entry as contemplated in the Contest Rules;
Confirmation by the Entrants that they have complied with the Contest Rules and that they accept the Prize as offered; and
The Entrant’s exact legal name, address, phone number and email address.
ENTRY CONDITIONS AND RELEASE
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Contest judges which are binding and final in all matters relating to this Contest; and (b) release and hold harmless the Sponsor and its parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Sponsor Entities”) from and against any and all claims, expenses, and liability arising out of or relating to this Contest.
PUBLICITY AND PERSONAL INFORMATION
The Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, including these Official Rules if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by the Sponsor in its sole discretion. If for any reason the Sponsor is unable to fully operate the Contest as set out in these Official Rules, the Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. The Sponsor reserves the right in its sole discretion to disqualify any individual it considers to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Contest, if possible. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, the Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, unawarded, eligible Prize claims.
The Contest is governed by the laws of Ontario and the laws of Canada applicable therein, and is subject to all applicable federal, provincial, and municipal laws and regulations and is void where prohibited by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Contest. By entering the Contest, Entrant agrees that the courts of the Province of Ontario, Canada shall have the exclusive jurisdiction to entertain any action or other legal proceedings based on any provision of these Official Rules or the running of this Contest.
For a copy of these Official Rules, or for a list of winners (winners’ first name, first initial of their last name, city and province/state of residence) send a hand-printed, self-addressed, stamped envelope to #MyMom Contest c/o InteraXon Marketing, Sponsor and administrator: InteraXon Inc., 511 King St. West Suite 303, Toronto, ON M5V 3K4. Requests in accordance with these terms must be received by Interaxon on or before May 15th 2015.