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PRODUCT GIVEAWAY RULES
Terms and Conditions
1. GIVEAWAY
Open to every U.S. residents with an Instagram account. Entry to the giveaway is free. Segway Inc (“Sponsor”) wants to share joy and moment with you and give you an opportunity to better know Sponsor. By entering this giveaway, you accept and agree to these Terms and Conditions herein.
2. PRIZE
Enter this giveaway for a chance to win a prize: one Segway Folding Camping Chair.
3. HOW TO ENTER?
1) You can enter the giveaways per instructions below. Purchase is NOT required for entry or to win.
2) Timeline: June 17th to 19th.
3) How to enter:
o Follow @segwaypowerstationofficial and @kingcamp on Instagram.
o Like the official post.
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Tag two friends and comment on which outdoor activities you’re planning this summer. Your comments will boost your chances of winning!
4. ELIGIBILITY
You must be over sixteen years old and a resident of U.S. Sponsor and its employees and members of their immediate family or persons living in the same household shall not participate.
5. DRAWING
A random drawing will be conducted by Sponsor. Odds of winning depend on the number of entries received. Winner will be announced on June 20th. Winner will also be notified via Instagram direct message, email or phone and must reply within three (3) days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner by the same foregoing process. Segway will deliver the prize to winner within a reasonable time, but not more than three weeks.
6. USE OF YOUR IMAGE AND LIKENESS
Acceptance of a prize also constitutes permission to Sponsor to use winner’s name and likeness for posting it on Segway’s social media that is open to the public. Segway does not need to pay you compensation for such unless prohibited by law.
7. TAX
All income taxes resulting from acceptance of prize are responsibility of a winner.
8. PRODUCT WARRANTY
The Prize product shall enjoy standard manufacturer limited warranty, including services and replacement if eligible and applicable. However, in no event, the prize may be returned to Sponsor for refund.
9. LIMITATION OF LIABILITY
(a) SEGWAY-NINEBOT PARTY’S (INCLUDING SEGWAY INC, NINEBOT, AND THEIR AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, SUCCESSORS, AGENTS, AND INDEPENDENT CONTRACTORS AND OTHER SERVICE PROVIDERS) LIABILITY TO YOU, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE MSRP OF THE PRIZE THAT YOU WIN. (b) IN NO EVENT SHALL EITHER SEGWAY-NINEBOT PARTY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, INDEMNIFICATION LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) THE FOREGOING LIMITATIONS OF LIABILITY APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
10. NO DEFAMATION
No party shall denigrate, disparage, tarnish, present in a false light, bring into disrepute the reputation of or goodwill of the other party.
11. GOVERNING LAW AND ARBITRATION
. (a) This Terms and Conditions and any claim, dispute and/or controversy between parties related to the event and giveaway shall be construed and enforced in accordance with and governed by the laws of California without regards to conflict of law principles. (b) (i) All disputes, controversies or claims arising out of or relating to the event and giveaway or any breach hereof which cannot be settled amicably by the parties shall be finally and exclusively settled by arbitration in English language in Los Angeles, California, U.S.A., under the then-prevailing rules of American Arbitration Association. (ii) The arbitral tribunal shall have the right to grant injunctive relief, including interim relief, of any nature. The availability of such relief shall depend upon proofs and showings required under the governing law. (iii) Arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by arbitral tribunal. (iv) Judgment on the award of arbitral tribunal may be entered by any court having jurisdiction to do so, and the parties to the Agreement hereby irrevocably consent and submit to the personal jurisdiction to such court for this purpose as well as for any and all other purposes in connection with this Agreement. (v) The parties agree to keep confidentiality of any conduct, communication and information disclosed to the other party made under Arbitration, including but not limited to the existence of the informal dispute resolution, mediation, the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law. The Federal Arbitration Act shall apply herein.
12. WAIVER OF CLASS ACTION AND CLASS ARBITRATION
To the extent permitted by law, the parties agree that any disputes and/or controversies that one party may have against the other party (including its affiliates, shareholder, employees, officers and directors) arising out of and/or relating to the event and/or giveaway, at law and/or in equity, including the matters subject to arbitration or otherwise, shall be resolved by binding individual and not class or representative arbitration. This agreement to arbitrate all disputes shall apply no matter by whom or against whom the claim is filed. Arbitral tribunal shall not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Each Party agrees that it will not bring, join or participate in any class action as to any claim, dispute or controversy it may have against the other party (including its affiliates, shareholder, employees, officers and directors). The parties waive the right to a trial by jury or to participate in a class action or arbitration either as a class representative or a class member. This waiver of class action, or class or representative arbitration’s scope is broad and includes without limitation, any claims relating to any aspect of the relationship between the Parties. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above.
13. TERMINATION AND MODIFICATION
No abuse of the giveaway and/or its Terms and Conditions are allowed. Sponsor reserves the right of final interpretation. To the extent permitted by law, Sponsor reserves the right to terminate and/or modify the giveaway within its sole discretion and without any explanation and/or prior notice. Breach of any terms and conditions herein shall result in forfeiture of your right to participate into this giveaway and any prize that you may win.
14. VOID
Void where prohibited.